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Latest Property Disputes News

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Property Disputes weekly highlights—29 July 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—29 July 2021

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

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...

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)...

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...

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

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

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

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

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

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

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

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

What steps should a landlord consider when drafting a commercial or mixed-use lease in the light of the new CRAR procedure?

What steps should a landlord consider when drafting a commercial or mixed-use lease in the light of the new CRAR procedure?What is CRAR?As of 6 April...

6th Jun

Q&As

Is it correct that CRAR under the Tribunals, Courts and Enforcement Act 2007 is not enforceable against the Crown?

Is it correct that CRAR under the Tribunals, Courts and Enforcement Act 2007 is not enforceable against the Crown?It is correct that commercial rent...

Produced in partnership with Carl Fain of Tanfield Chambers 6th Jun

Q&As

Pursuant to section 23(1) of the Landlord and Tenant (Covenants) Act 1995, under a new lease, the purchaser of a reversion is not entitled to rent arrears which accrued before the purchase, unless provided for otherwise in the contract. Which party must the tenant make payment of any arrears to, the current or previous landlord? Where the tenant and the new landlord subsequently agree a surrender of the tenant's interest in full and final settlement of the tenant's past, present and future liabilities, does this apply to any arrears which are owed to the previous landlord?

Pursuant to section 23(1) of the Landlord and Tenant (Covenants) Act 1995, under a new lease, the purchaser of a reversion is not entitled to rent...

Produced in partnership with Carl Fain of Tanfield Chambers 6th Jun

Q&As

A landlord wishes to forfeit a lease for non-payment of rent before the expiry of the fixed term. There are also a number of items of disrepair. The tenant has vacated the premises some time ago and cannot be located. There is a guarantor under an AGA. If the landlord forfeits the lease will its right to claim the cost of repair from the guarantor be lost? If so, what steps should the landlord take to preserve this right while also ensuring the right to forfeit is not waived?

A landlord wishes to forfeit a lease for non-payment of rent before the expiry of the fixed term. There are also a number of items of disrepair. The...

6th Jun

Q&As

A landlord has served a previous tenant with a terminal dilapidation schedule in relation to a commercial property. The landlord has also claimed six months free rent and four and a half years reduced rent. Simultaneously, the landlord has agreed to sell the property to the current tenant. Can the landlord claim loss of rent/reduced rent when he intends to sell the property?

A landlord has served a previous tenant with a terminal dilapidation schedule in relation to a commercial property. The landlord has also claimed six...

6th Jun

Q&As

Can the commercial rent arrears recovery (CRAR) procedure be used where a tenancy at Will is in existence? If yes, can the landlord demand possession while the CRAR procedure is still in process? If yes, how soon after the CRAR process has started can the landlord demand possession?

Can the commercial rent arrears recovery (CRAR) procedure be used where a tenancy at Will is in existence? If yes, can the landlord demand possession...

6th Jun

Q&As

Where a farm business tenancy (FBT) was granted in 2002, but no rent has been collected for a number of years (landlord has not chased, tenant hasn't offered), can the landlord demand payment of the outstanding rent or would they be statute barred from collecting rent which has been outstanding for more than six years? Alternatively, would a longer period be applicable as the lease was executed as a deed?

Where a farm business tenancy (FBT) was granted in 2002, but no rent has been collected for a number of years (landlord has not chased, tenant hasn't...

6th Jun

Q&As

Is an assignee liable for rent arrears or service charge accrued by the assignor prior to assignment of an old lease (ie granted prior to 1 January 1996)?

Is an assignee liable for rent arrears or service charge accrued by the assignor prior to assignment of an old lease (ie granted prior to 1 January...

5th Jun

Q&As

Can you claim interest on mesne profits, if so, on what basis and from what date is the interest payable?

Can you claim interest on mesne profits, if so, on what basis and from what date is the interest payable?Mesne profits are damages in respect of a...

5th Jun

Q&As

In a claim for outstanding residential service charge arrears, is it a breach of the Pre-Action Protocol for Debt Claims to offer a 50% discount on the legal fees if the arrears are paid within 14 days of the date of the letter of claim?

In a claim for outstanding residential service charge arrears, is it a breach of the Pre-Action Protocol for Debt Claims to offer a 50% discount on...

5th Jun

Q&As

Where there are several parties (eg former tenants, guarantors) that a landlord may pursue for rent arrears, can the landlord choose which party to pursue for payment?

Where there are several parties (eg former tenants, guarantors) that a landlord may pursue for rent arrears, can the landlord choose which party to...

5th Jun

Q&As

Are there any specific cases where a tenant holding over after the termination of a tenancy was held to be pursuant to a periodic tenancy or a tenancy at will?

Are there any specific cases where a tenant holding over after the termination of a tenancy was held to be pursuant to a periodic tenancy or a tenancy...

5th Jun

Q&As

Can a demand for arrears of rent be sent where a contracted out lease has expired and the tenant remains in occupation but remains in occupation while negotiating a lease pursuant to a tenancy at will? If so how best should this be framed to avoid an inference that a periodic tenancy has arisen?

Can a demand for arrears of rent be sent where a contracted out lease has expired and the tenant remains in occupation but remains in occupation while...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 5th Jun

Q&As

In relation to a leasehold title, what is an overriding lease relating to the property. How does this affect the title and how can the issue be rectified?

In relation to a leasehold title, what is an overriding lease relating to the property. How does this affect the title and how can the issue be...

Produced in partnership with Martin Codd of Penningtons Manches Cooper 5th Jun

Q&As

Does the new pre-action protocol for debt claims apply to claims for arrears of rent, service charges and insurance contributions due under a lease of commercial premises with no possession claim? Is there any minimum limit to the amount of claims subject to the new protocol?

Does the new pre-action protocol for debt claims apply to claims for arrears of rent, service charges and insurance contributions due under a lease of...

5th Jun

Q&As

Where a residential tenant has been paying a lower rent than is provided for in its lease for eight years, can the landlord now recover the shortfall rent for the last eight years or is it barred from doing so and if so when did it become statute barred? Is the position any different for a commercial tenant?

Where a residential tenant has been paying a lower rent than is provided for in its lease for eight years, can the landlord now recover the shortfall...

5th Jun

Q&As