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Latest Property Disputes News

Property Disputes weekly highlights—10 June 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—10 June 2021

Reasonableness in leasehold service charge claims after summary judgment (Gell v 32 St John’s Road)

The following Property Disputes news provides comprehensive and up to date legal information on Reasonableness in leasehold service charge claims after summary judgment (Gell v 32 St John’s Road)

A hat trick of leading decisions on creditor cramdowns—treatment of landlord groups in New Look, Regis and Virgin Atlantic

The following Banking & Finance news provides comprehensive and up to date legal information on A hat trick of leading decisions on creditor cramdowns—treatment of landlord groups in New Look, Regis and Virgin Atlantic

Insolvency, challenges to a CVA, strike out, summary judgment (Nero Holdings v Ronald Young)

The following Property Disputes news provides comprehensive and up to date legal information on Insolvency, challenges to a CVA, strike out, summary judgment (Nero Holdings v Ronald Young)

Featured Property Disputes content

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....

Notice to complete

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

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...

Breach of Missives—remedies in Scotland

MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...

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...

19th May

Precedents

Example letter 6–Line of Junction Notice–new wall wholly on your own land

To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...

19th May

Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...

Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May

Q&As

Can a mortgagee rely on Ground 2 of Schedule 2 to the Housing Act 1988 to evict a residential tenant occupying under an assured shorthold tenancy if, at the time the tenant was given notice prior to the commencement of the tenancy that the property was mortgaged, it was mortgaged to a different lender (ie it has since been remortgaged)?

The answer is, no.Ground 2 of Schedule 2 Part I to the Housing Act 1988 (HA 1988) reads:‘The dwelling-house is subject to a mortgage granted before...

Produced in partnership with Desmond Kilcoyne 19th May

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...

19th May

Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...

19th May

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...

19th May

Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...

Produced in partnership with Alex Campbell of Arden Chambers 19th May

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

19th May

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...

19th May

Practice notes

Commercial rent arrears recovery (CRAR)

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

19th May

COVID-19

Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...

19th May

Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...

19th May

Practice notes

Trespass—remedies

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

19th May

In-house

Most recent Rent content

Q&As

How should a rent arrears claim be made, once possession of a property has been regained using the accelerated procedure?

How should a rent arrears claim be made, once possession of a property has been regained using the accelerated procedure?ProcessThe correct process to...

11th Jun

Q&As

Besides a section 40 notice under the Landlord and Tenant Act 1954, are there any other mechanisms by which a landlord can establish who the current tenant is, or who is in occupation?

Besides a section 40 notice under the Landlord and Tenant Act 1954, are there any other mechanisms by which a landlord can establish who the current...

11th Jun

Q&As

What would be the effect of a superior landlord granting a new lease directly to a subtenant, where an intermediate lease with several years of the term left to run remains in place?

What would be the effect of a superior landlord granting a new lease directly to a subtenant, where an intermediate lease with several years of the...

11th Jun

Q&As

Where a commercial tenant is 'holding over' under terms of a business tenancy and has since the contractual expiry been occupying additional offices/rooms of the premises which sit outside the original demise, can a landlord increase the rent for use of the additional areas or is it bound by the same rent as agreed at the time of the last rent review?

Where a commercial tenant is 'holding over' under terms of a business tenancy and has since the contractual expiry been occupying additional...

11th Jun

Practice notes

Quick guide to common time limits for property disputes lawyers

Quick guide to common time limits for property disputes lawyersThis Practice Note details the deadlines for carrying out some of the more common tasks...

11th Jun

Precedents

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

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...

11th Jun

COVID-19

Precedents

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

Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims[On the headed notepaper of the creditor’s...

11th Jun

COVID-19

In-house

Precedents

Particulars of claim—contractual debt claim

Particulars of claim—contractual debt claimClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...

11th Jun

COVID-19

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...

11th Jun

In-house

Practice notes

County Court money claims—how and where to issue

County Court money claims—how and where to issueCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be...

8th Jun

Q&As

A tenant of commercial property is in arrears of rent and is holding over under the Landlord and Tenant Act 1954. The landlord is willing to grant a new lease where in addition to the passing rent, separate provision is made for the tenant to pay the rent arrears under the expired lease off by instalments. If the tenant were then to default in paying the rent arrears but keep up payment of the current passing rent, could the landlord then forfeit the lease if arrear rent was reserved as ‘rent’? Is there anything barring such arrangement?

A tenant of commercial property is in arrears of rent and is holding over under the Landlord and Tenant Act 1954. The landlord is willing to grant a...

7th Jun

Q&As

Where following the expiry of a section 25 notice, a tenant fails to issue proceedings, but remains in occupation for a period of time, can the landlord recover sums for the tenant’s continued use and occupation of the property for the period from expiry of the notice up to when the tenant vacates, without the risk of creating a new tenancy?

Where following the expiry of a section 25 notice, a tenant fails to issue proceedings, but remains in occupation for a period of time, can the...

6th Jun

Q&As

Where a commercial tenant company dissolves on the basis of a non-insolvent voluntary liquidation leaving ongoing liabilities under LTA 1954 lease, what are the landlord’s remedies in respect of the continuing obligations ie rent and dilapidations, including any preemptive steps?

Where a commercial tenant company dissolves on the basis of a non-insolvent voluntary liquidation leaving ongoing liabilities under LTA 1954 lease,...

6th Jun

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?

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...

6th Jun

Q&As

Where Company A holds a concurrent lease of an area of a building that is to be subject to a deed of surrender between Company A and Company B, should the freeholder be joined in as a party to the deed of surrender? There is no restriction on surrendering or assignment in the immediate lease of the area.

Where Company A holds a concurrent lease of an area of a building that is to be subject to a deed of surrender between Company A and Company B, should...

6th Jun

Q&As

What is the limitation period for the recovery of rent due under a lease?

What is the limitation period for the recovery of rent due under a lease?Section 19 of the Limitation Act 1980 states that no action shall be brought...

6th Jun

Q&As

If a debtor is paying off a debt by monthly instalments and a charging order is obtained over the debtor's property as security only, can the creditor enforce the sale of the property if the debtor defaults on the monthly payments?

If a debtor is paying off a debt by monthly instalments and a charging order is obtained over the debtor's property as security only, can the creditor...

6th Jun

Q&As

As a matter of law if a freehold company is in debt are the shareholders required to contribute to the debt, if the debt is not recoverable as service charges?

As a matter of law if a freehold company is in debt are the shareholders required to contribute to the debt, if the debt is not recoverable as service...

6th Jun

Q&As

Does the Pre-Action Protocol for Debt Claims apply where the debtor is a partnership (not a limited liability partnership)?

Does the Pre-Action Protocol for Debt Claims apply where the debtor is a partnership (not a limited liability partnership)?The new Pre-Action Protocol...

6th Jun

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?

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...

6th Jun