Navigating disputes arising from rent and rates requires a deep understanding of contractual obligations, statutory frameworks, and dispute resolution mechanisms. Expert guidance is essential for resolving conflicts between landlords and tenants, ensuring compliance, and safeguarding financial interests. This topic provides practical insights and strategies to address common issues, from contentious rent reviews to contested rate liabilities, empowering practitioners to effectively manage and mitigate property disputes.
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Section 234 of the Insolvency Act 1986 stops short of trespassers (Maher & Another v Investalet Ltd)
The following Dispute Resolution news provides comprehensive and up to date legal information on Setting aside a judgment for fraud (Estate of Euan McIntyre Lindsay (Deceased) v Outlook Finance Ltd)
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
What is the liability of an outgoing tenant under an 'old' lease following assignment? Is a landlord obliged to pursue the current tenant for any arrears before pursuing a former tenant or guarantor to a former tenant?Obligations of an assignor tenant under an old leaseThe general rule is that where
Set-off and deductions from rentThis Practice Note considers set-off provisions in leases and whether a tenant can set off a claim against a new landlord after assignment. A tenant is entitled to set off liquidated claims for damages, at law, and unliquidated claims, in equity, for damages for
Under section 136 of the Law of Property Act 1925, express notice must be given in order to assign a debt. However, is it possible to serve this notice and assign the debt if you have already tried enforce the debt, for example by serving a section 17 notice under Landlord and Tenant (Covenants) Act
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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