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 Property Disputes news provides comprehensive and up to date legal information on Supreme Court decision on the qualifying period for adverse possession (Brown v Ridley)
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...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
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
Accepting rental payments from third parties—landlord’s considerationsThis Practice Note explains the various potential implications for a landlord to consider before accepting rental payments from third parties, including arguments that rent paid by a third party has given rise to a surrender by
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible
A lease of commercial premises contains a rent review clause, but does not provide for the reviewed rent to be recorded in a rent review memorandum. If the landlord requires the tenant to enter into such a memorandum, is there any danger that this will constitute a variation of the lease so as to
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