Rent deposits

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Coronavirus (COVID-19) update—restrictions on enforcement extended

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HMCTS publishes guidance and FAQs for the Damages Claims pilot scheme (CPR PD 51ZB)

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Property Disputes weekly highlights—17 June 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—17 June 2021

Operators granted interim MSV Code rights at critical national infrastructure building in London (EE Ltd v London Underground)

The following Property Disputes news provides comprehensive and up to date legal information on Operators granted interim MSV Code rights at critical national infrastructure building in London (EE Ltd v London Underground)

Featured Property Disputes content

Notice to complete

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

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

The Party Wall etc Act 1996 (PWA 1996) should be referred to for its full provisions but defines a party wall as a wall forming part of a building and...

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)...

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...

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...

19th May

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...

19th May

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

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

Precedents

Acknowledgement of Line of Junction Notice—New wall astride the boundary

To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...

19th May

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...

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

Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...

Produced in partnership with Desmond Kilcoyne 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

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...

19th May

Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...

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

Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...

Produced in partnership with Georgia Whiting 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

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 deposits content

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?

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...

18th Jun

Practice notes

Rent deposit deed—effect of insolvency

Rent deposit deed—effect of insolvencyGeneralIt is a common feature of commercial leases that a rent deposit is paid to be held either by the landlord...

17th Jun

Precedents

Rent deposit deed—trust

Rent deposit deed—trustDate [date ]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number]...

17th Jun

Precedents

Rent deposit deed—charge

Rent deposit deed—chargeDate: [insert date of deed in its full format DD-Month-Year]Parties1[insert name of Landlord] of [insert address]...

17th Jun

Practice notes

Rent deposit deeds—common structures

Rent deposit deeds—common structuresWhat is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of...

17th Jun

Q&As

Is a letting agent bound to pass details of a settlement reached with a tenant to its landlord principal, in respect of the tenant’s claim for compensation/return of the deposit under section 214 of the Housing Act 2004?

Is a letting agent bound to pass details of a settlement reached with a tenant to its landlord principal, in respect of the tenant’s claim for...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun

Q&As

Should a claim under section 214 of the Housing Act 2004 be made under CPR 7 or 8?

Should a claim under section 214 of the Housing Act 2004 be made under CPR 7 or 8?Where a landlord takes a deposit in respect of an assured tenancy...

6th Jun

Q&As

A landlord failed to protect a residential tenancy deposit. Some of the deposit monies were allocated towards rent. When protecting the deposit at a later date, does the original amount of the deposit have to be protected, or the amount that is left?

A landlord failed to protect a residential tenancy deposit. Some of the deposit monies were allocated towards rent. When protecting the deposit at a...

6th Jun

Q&As

Do the Rules for the Independent Resolution of Tenancy Deposit Disputes (3rd Edition) also apply to the Deposit Protection Service? Is the adjudicator's decision binding on the parties?

Do the Rules for the Independent Resolution of Tenancy Deposit Disputes (3rd Edition) also apply to the Deposit Protection Service? Is the...

6th Jun

Q&As

Where a resident landlord moves out after a tenancy of a room in a residential property becomes periodic, would the periodic tenancy then automatically become an assured shorthold tenancy, and should the tenancy deposit have been protected at this point?

Where a resident landlord moves out after a tenancy of a room in a residential property becomes periodic, would the periodic tenancy then...

6th Jun

Q&As

Are the requirements to place deposits within a tenancy deposit scheme binding on a landlord who is a company rather than an individual?

Are the requirements to place deposits within a tenancy deposit scheme binding on a landlord who is a company rather than an individual?Tenancy...

Produced in partnership with Brooke Lyne of Landmark Chambers 6th Jun

Q&As

A residential tenant is entitled to make a claim under section 214 of the Housing Act 2004 because a landlord took a deposit but failed to serve prescribed information at the start of the tenancy. Can a second claim be made for a further failure to serve the information when the tenancy ended and became periodic?

A residential tenant is entitled to make a claim under section 214 of the Housing Act 2004 because a landlord took a deposit but failed to serve...

6th Jun

Q&As

Does a rent deposit have to be held in an interest-bearing account or can the landlord decide to hold the rent deposit money in a non-interest bank account? If so, are there any tax implications for the landlord?

Does a rent deposit have to be held in an interest-bearing account or can the landlord decide to hold the rent deposit money in a non-interest bank...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

In a claim under section 214 of the Housing Act 2004 for a financial penalty for failure to protect a deposit, can the landlord set off and counterclaim for arrears or damages for disrepair? Does it matter that the claim is required by CPR PD 56.2 to be brought under Part 8?

In a claim under section 214 of the Housing Act 2004 for a financial penalty for failure to protect a deposit, can the landlord set off and...

5th Jun

Q&As

A commercial tenant fails to pay a quarter’s rent, then goes into liquidation and the liquidator disclaims the lease. The landlord then relets the property before the next quarter day. Is the landlord still permitted to draw down on a rent deposit deed for the entire unpaid quarter’s rent even though it has relet during the period for which rent was payable, or would the landlord have to return the money to the liquidator to avoid double recovery?

A commercial tenant fails to pay a quarter’s rent, then goes into liquidation and the liquidator disclaims the lease. The landlord then relets the...

5th Jun

Q&As

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in the event of default. Can the landlord elect to forfeit and then use the rent deposit to settle rent arrears after forfeiture?

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in...

Produced in partnership with Christopher Snell of New Square Chambers 5th Jun

Q&As

A tenancy deposit (received in 2015) was protected pursuant to section 213 of the Housing Act 2004 (HA 2004). After the fixed term of 12 months, the tenancy became periodic and continued but the deposit scheme automatically unprotected the deposit and communicated it to the tenant. Three years later and having vacated the property, the tenant brought a claim pursuant to HA 2004, s 214. Can the landlord rely on HA 2004, s 215B(f) in these circumstances?

A tenancy deposit (received in 2015) was protected pursuant to section 213 of the Housing Act 2004 (HA 2004). After the fixed term of 12 months, the...

5th Jun

Q&As