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Latest Property Disputes News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Precedents

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

9th Nov

Practice notes

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

9th Nov

COVID-19

Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

9th Nov

Practice notes

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

COVID-19

In-house

Most recent Rent and rates content

Practice notes

Late Payment of Commercial Debts (Interest) Act 1998

Late Payment of Commercial Debts (Interest) Act 1998The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates...

15th May

In-house

Practice notes

Recovering rent arrears

Recovering rent arrearsCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

13th May

COVID-19

In-house

Practice notes

Liability for business rates

Liability for business ratesThe Local Government Finance Act 1988 (LGFA 1988) identifies three categories of ratepayer:•occupiers•owners, and•persons...

11th May

Practice notes

Business rates—empty property

Business rates—empty propertyCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a...

11th May

Practice notes

County Court money claims—how and where to issue

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

6th May

Q&As

The landlord and tenant of commercial premises make an agreement in a side letter allowing monthly (rather than quarterly) payment of rent, but with a proviso that the entire amount becomes due on any default by the tenant. If the letter is not expressed to be personal, and the landlord’s interest is assigned, can the new landlord enforce the proviso following a subsequent default?

A side letter documenting an agreed rent concession under a ‘new’ lease for the purpose of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995),...

4th May

Practice notes

Quick guide to where to issue common property dispute applications

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

29th Apr

Practice notes

Code for leasing business premises, RICS professional statement 2020

Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...

29th Apr

Q&As

As part of a business sale, a company is assigning properties. One appears to have been occupied by way of periodic tenancy for 14 years, the company paying a monthly rent. The landlord produced a draft lease about ten years ago but this did not progress. How does the company assign the periodic tenancy to its buyer and on what basis will landlord’s consent be given or refused? What terms are likely to be implied in the periodic tenancy in respect of assignment?

A lease for a term exceeding three years must be in writing and be granted by deed for it to take effect as a legal interest. A failure to comply with...

27th Apr

Q&As

Where a guarantor covenants to guarantee performance of the tenant's obligations over the term of a lease with an initial fixed term of X years and is contracted out of the LTA 1954 but the term is defined as 'the term of years granted by this lease and any period of holding over or continuation or extension thereof whether by statute or common law', can the guarantor be liable for rent arrears that have accrued after the initial fixed term?

If a tenant remains in occupation at the end of a lease term, it may be inferred that it is remaining either as a:•tenant at will, or•tenant with a...

27th Apr

Q&As

Are there any specific cases where a tenant holding over after the termination of a tenancy was held to be pursuant to a periodic tenancy or a tenancy at will?

We refer you to the following cases which you may find useful for your purposes:•Barclays Wealth Trustees (Jersey) Limited v Erimus Housing Limited:...

27th Apr

Q&As

A tenant (A) proposes to take an assignment of a lease from the existing tenant (T). The lease entitles the landlord (L) to require a director’s guarantee from the assignee, where reasonable. L and A have agreed that A will provide a rent deposit instead of a guarantee, although the lease does not provide that L may require a deposit. L refuses to include a covenant in the rent deposit deed to procure a covenant from any new reversioner (R) to comply with L's covenants in the deed concerning the deposit and to transfer the deposit to R. Does A have any grounds to require that such a covenant is included?

In answering this Q&A, we have assumed that the lease is a new tenancy (ie one granted on or after 1 January 1996), as referred to the Landlord and...

27th Apr

Practice notes

The Upper Tribunal (Lands Chamber)—practice and procedure

FORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021) came into force on 15 March 2021 for the...

22nd Apr

COVID-19

Q&As

A landlord of commercial premises is issuing a debt claim for arrears of rent. The lease provides that the landlord is entitled to recover all costs (including legal costs) properly incurred in connection with the recovery of sums due under the lease. Therefore, this should include the costs of issuing the letter of claim and issuing a court claim. The amount of arrears is £25,000 excluding legal costs. Under CPR 45, the landlord can only recover fixed costs. However, can it claim for its full costs under the lease entitlement? How does the lease entitlement to all costs interplay with the fixed commencement costs under CPR 45? How should you plead the costs?

This Q&A raises the issue of how a landlord can recover costs relying on a clause in the lease when taking proceedings for rent arrears.The Court of...

21st Apr

Q&As

In circumstances where the landlord and tenant are limited companies, but there is also a guarantor who is an individual, will the Pre-Action Protocol for Debt Claims apply?

Recovering rent arrearsBefore taking any action to recover rent arrears, landlords must consider:•whether they are able to, and if so whether to...

15th Apr

Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

15th Apr

Practice notes

National non-domestic rates—valuation and appeals

As a tax on property, rates have existed in some form since 1601. The framework currently in place was largely established by the Local Government...

Produced in partnership with Alan Murdie of Council Tax Legal Services 9th Apr

Precedents

Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims

[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of debtor][Name of debtor’s solicitors][Address line 1][Address line...

9th Apr

COVID-19

In-house

Precedents

Letter of claim—contractual debt claim

[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of the debtor’s solicitors][Address line 1][Address line 2][Postcode][Date]Dear...

9th Apr

COVID-19

In-house

Precedents

Covering letter to accompany Reply Form in response to letter of claim sent pursuant to the Pre-Action Protocol for Debt Claims

[Name of creditor’s solicitors firm][Address line 1][Address line 2][Postcode][Date][Ref: [insert reference]]Dear [insert name][Creditor’s name] AND...

9th Apr

COVID-19