The issue of whether or not to accept rental payments from third parties sometimes arises, particularly in the following commercial contexts: • where a...
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...
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...
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...
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...
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...
The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates rights for businesses (and organisations in the public sector) to 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 [insert name]...
[On the headed notepaper of the creditor’s solicitors] FAO [Insert name of debtor] [Name of debtor’s solicitors] [Address line 1] [Address line 2] [Postcode] [Date] Dear...
Produced in partnership with Leigh Callaway of Fladgate LLP [Name of creditor’s solicitors firm] [Address line 1] [Address line 2] [Postcode] [Date] [Ref: [insert...
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. Landlord and Tenant (Covenants) Act 1995 The...
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...
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted on or after 1 January 1996 creates what is defined as a ‘new tenancy’ for the...
This Practice Note provides a summary of the remedies available to a landlord when faced with a tenant’s breach of lease, including forfeiture, service of a statutory...
This Practice Note provides brief details of the main methods of rent arrears recovery, and gives links to further information in each case. Before taking any action to...
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision suspending the rent in...
A tenant is entitled: • at law to set off liquidated, and • in equity to set off unliquidated claims for damages for breach of covenant by the landlord against rent...
[To be printed on landlord’s letterheaded paper] Your Ref: Our Ref: Date: From: [insert full name of Landlord] of [insert address][incorporated in England and Wales with...
Side letters are often used: • to make arrangements and grant concessions (eg in relation to the permitted use, the standards of repair or rental concessions), or • to...
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...
This Practice Note sets out the court’s general approach when considering applications for summary judgment. For guidance on satisfying the specific grounds for obtaining...
A turnover rent (also known as a percentage rent) is a rent that varies depending on the amount of trade which is achieved at the premises that have been let to the...