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Latest Property Disputes News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

The following Commercial news provides comprehensive and up to date legal information on A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

Featured Property Disputes content

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)...

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...

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...

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

Precedents

Example letter 1–Party Structure Notice

To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...

19th May

Precedents

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

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

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

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

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

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

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

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

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 and rates content

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

In the context of landlord/tenant possession proceedings, after using the section 21 accelerated procedure and obtaining an order for possession, can the deposit (which is correctly being held in a protected scheme) be taken by the landlord in order to recover his legal costs for initiating possession proceedings?

In the context of landlord/tenant possession proceedings, after using the section 21 accelerated procedure and obtaining an order for possession, can...

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

The tenant of a commercial lease went into administration and subsequently liquidation, following which the lease was disclaimed by the liquidator. The former tenant has been settling section 17 of the Landlord and Tenant (Covenants) Act 1995 demands since then. The landlord continues to raise section 17 demands but, in view of the disclaimer, can the former tenant actually still seek an overriding lease? If an overriding lease cannot be sought, is it possible to make a vesting application or is it time barred?

The tenant of a commercial lease went into administration and subsequently liquidation, following which the lease was disclaimed by the liquidator....

5th Jun

Q&As

What is the correct form of Particulars of Claim to be submitted with Form N5 in County Court proceedings for possession of a residential dwelling house together with rent arrears—the tenancy document is marked 'Guaranteed Rental Agreement' and does not meet the criteria to be a licence or lease?

What is the correct form of Particulars of Claim to be submitted with Form N5 in County Court proceedings for possession of a residential dwelling...

Produced in partnership with Matthew Haynes of St Ives Chambers 5th Jun

Q&As

Are there any restrictions on using Commercial Rent Arrears Recovery and forfeiture simultaneously?

Are there any restrictions on using Commercial Rent Arrears Recovery and forfeiture simultaneously?The Commercial Rent Arrears Recovery regime (CRAR)...

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

Where a tenant has assigned a lease and the outgoing tenant gives an authorised guarantee agreement (AGA), must the outgoing tenant as guarantor be a party to any rent review memorandum which may be entered into in order for any default on the rent to be enforceable as against them?

Where a tenant has assigned a lease and the outgoing tenant gives an authorised guarantee agreement (AGA), must the outgoing tenant as guarantor be a...

5th Jun

Q&As

Does serving a section 17 notice on a guarantor waive the right to forfeit the tenant's lease for non payment of the quarter's rent the section 17 notice relates to?

Does serving a section 17 notice on a guarantor waive the right to forfeit the tenant's lease for non payment of the quarter's rent the section 17...

5th Jun

Q&As

Can a landlord or management company back-date and claim an increase in ground rent for the last six years (not on one of the set review dates) where a lease allows for upwards only review every five years, but the rent has not been increased for 20 years?

Can a landlord or management company back-date and claim an increase in ground rent for the last six years (not on one of the set review dates) where...

Produced in partnership with Desmond Kilcoyne 5th Jun

Q&As

A guarantee of an assured shorthold tenancy (AST) states that it applies to any extension and renewal of the tenancy. The tenancy term expires and it becomes a periodic monthly tenancy. Can the guarantee continue beyond the end of the fixed term of the tenancy? Or is the guarantor released from its obligations once the tenancy changes from an AST to a periodic tenancy?

A guarantee of an assured shorthold tenancy (AST) states that it applies to any extension and renewal of the tenancy. The tenancy term expires and it...

Produced in partnership with Emma Preece 5th Jun

Q&As

I am looking for a precedent for a form of notice to be served on a sub-tenant for payment of rent to the head landlord

I am looking for a precedent for a form of notice to be served on a sub-tenant for payment of rent to the head landlordSection 81 of Part 3 of the...

5th Jun

Q&As

1. Is a surety that pays out to a landlord entitled to a contribution from their co-surety? 2. Can a landlord unilaterally release one co-surety, where the co-sureties are jointly and severally liable, so that the landlord is free to pursue the surety that is not released but this surety cannot pursue the former co-surety for a contribution?

1. Is a surety that pays out to a landlord entitled to a contribution from their co-surety? 2. Can a landlord unilaterally release one co-surety,...

5th Jun

Q&As

Do you have a precedent letter before action for a claim against a guarantor?

Do you have a precedent letter before action for a claim against a guarantor?Although we do not have a precedent letter before action for a claim...

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

A (original tenant) assigned lease to B (current tenant). A entered into an authorised guarantee agreement(AGA). B is now assigning the lease to C (proposed assignee). Can A stand as guarantor for C, ie can a previous tenant who has given an AGA stand as guarantor for a proposed assignee down the line?

A (original tenant) assigned lease to B (current tenant). A entered into an authorised guarantee agreement(AGA). B is now assigning the lease to C...

5th Jun

Q&As

Can a landlord of an "old" lease, where the provisions of the Landlord and Tenant (Covenants) Act 1995 do not apply, retain the benefit of tenant’s covenant regarding rent arrears?

Can a landlord of an "old" lease, where the provisions of the Landlord and Tenant (Covenants) Act 1995 do not apply, retain the benefit of tenant’s...

5th Jun

Q&As

A former residential tenant (A) is liable for rent and insurance arrears under an authorised guarantee agreement. Where the arrears pre-date a bankruptcy order made against A, does section 281(5)(a) of the Insolvency Act 1986 mean that the landlord can still issue proceedings and seek to recover the arrears from A? Does the fact that A has been discharged from bankruptcy make any difference?

A former residential tenant (A) is liable for rent and insurance arrears under an authorised guarantee agreement. Where the arrears pre-date a...

5th Jun

Q&As

A landlord of commercial premises is issuing a debt claim for arrears of rent. The lease provides that the landlord is entitled to recover all costs (including legal costs) properly incurred in connection with the recovery of sums due under the lease. Therefore, this should include the costs of issuing the letter of claim and issuing a court claim. The amount of arrears is £25,000 excluding legal costs. Under CPR 45, the landlord can only recover fixed costs. However, can it claim for its full costs under the lease entitlement? How does the lease entitlement to all costs interplay with the fixed commencement costs under CPR 45? How should you plead the costs?

A landlord of commercial premises is issuing a debt claim for arrears of rent. The lease provides that the landlord is entitled to recover all costs...

5th Jun

Q&As

Can a tenant set-off rent against a landlord’s breach if the tenant’s right to set-off is expressly excluded in the lease?

Can a tenant set-off rent against a landlord’s breach if the tenant’s right to set-off is expressly excluded in the lease?A right of set-off can be...

5th Jun

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Rent and rates

View Property Disputes by content type:

Latest Property Disputes News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

Featured Property Disputes content

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Breach of Missives—remedies in Scotland

Successors in title—leases

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

Most recent Rent and rates content

Popular documents

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Dawn raid—who can raid my organisation and why?

Deed of surrender

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