The issue of whether or not to accept rental payments from third parties sometimes arises, particularly in the following commercial contexts: • where a...
Agricultural Holdings Act 1986 Under the Agricultural Holdings Act 1986 (AHA 1986), either the landlord or the tenant may ‘demand’ that the ‘rent properly payable’ in...
Date: [insert date] Parties 1 [insert landlord name] [of [insert address] OR incorporated in England and Wales with company registration number [insert landlord company...
What is an authorised guarantee agreement (AGA)? Under an AGA an outgoing tenant guarantees some or all of the obligations of an incoming tenant under a lease. It was...
Background—Landlord and Tenant (Covenants) Act 1995 Landlord and Tenant (Covenants) Act 1995, s 5(2)(a) provides that if: 'a tenant assigns the whole of the premises...
Discretionary relief Under section 47 of the Local Government Finance Act 1988 (LGFA 1988), charities occupying commercial property qualify for a mandatory 80% discount...
Empty properties: rates With effect from 1 April 2008 there is: • 100% relief for a qualifying industrial hereditament for the first six months that they are empty...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...
A claim for use and occupation is possible where there is occupation of land without an express agreement fixing the amount of rent. Where the landlord has allowed the...
Joint and several liability Where a covenant is given by two or more persons, they may be liable: • jointly • severally, or • jointly and severally The applicable...
The advantages of taking collateral security from a third party to secure the principal debt are that: • the mortgagee may not need to have recourse to the primary...
Right to recover rent The commercial rent arrears recovery (CRAR) regime allows landlords to seize a tenant’s goods from the demised premises in order to recover unpaid...
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further information. It is...
This Practice Note sets out the position from 6 April 2017. It does not necessarily reflect the position pre–6 April 2017. Drafting and serving a statutory demand This...
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 of the same...
This Practice Note considers how a debtor whose goods have been taken control of or executed against can bring an application claiming that the goods in question are...
What is Council tax and what is its purpose? The council tax was introduced as the primary source of collecting income from local residents by local authorities in...
The Online Court Pilot scheme is contained in CPR PD 51R and is being used to test an online claims process called the ‘Online Court’ for claims which would otherwise be...
This Deed is made on [insert date] Parties 1 [insert landlord's name] [of [insert address] OR incorporated in England and Wales with company registration number [insert...
Produced in partnership with Leigh Callaway of Fladgate LLP Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
This Practice Note concerns the use of enforcement agents to enter premises and take control of goods in order to sell them to discharge a judgment debt or commercial...
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation...
An expert witness is a witness who, by virtue of his skill, is believed to have expertise in a particular area so others can rely on his opinion regarding a specific...
Commonhold and leasehold reform act 2002, section 166 Notice to long leaseholders of rent due To: [insert name(s) of leaseholder(s)] (note 1) This notice is given in...
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge after assignment of a...
To: [insert full name of Tenant] of [insert address] IMPORTANT—THE PERSON GIVING THIS NOTICE IS PROTECTING THE RIGHT TO RECOVER THE AMOUNT[S] SPECIFIED FROM YOU NOW OR AT...