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Defective Premises Act

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Latest Property Disputes News

Registrar’s reasons required—why isn’t that objection groundless? (R (on the application of Sensar) v Chief Land Registrar)

Registrar’s reasons required—why isn’t that objection groundless? (R (on the application of Sensar) v Chief Land Registrar)

The following Property Disputes news provides comprehensive and up to date legal information on Registrar’s reasons required—why isn’t that objection groundless? (R (on the application of Sensar) v Chief Land Registrar)

Brexit Bulletin—UK preparations in the six months to exit day

Brexit Bulletin—UK preparations in the six months to exit day

The following Banking & Finance news provides comprehensive and up to date legal information on Brexit Bulletin—UK preparations in the six months to exit day

Varying service charge apportionment and retaining jurisdiction (Aviva v Williams)

Varying service charge apportionment and retaining jurisdiction (Aviva v Williams)

The following Property Disputes news provides comprehensive and up to date legal information on Varying service charge apportionment and retaining jurisdiction (Aviva v Williams)

Breathing Space Scheme Regulations laid for England and Wales

Breathing Space Scheme Regulations laid for England and Wales

The following Dispute Resolution news provides comprehensive and up to date legal information on Breathing Space Scheme Regulations laid for England and Wales

Featured Property Disputes content

Forfeiture of a lease

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Claims for use and occupation, mesne profits, double rent and double value

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...

Specific performance of property agreements

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

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

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...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
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...
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9th Nov
Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
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...
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9th Nov
Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
tag iconCOVID-19
Practice notes

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...
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9th Nov
Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
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...
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9th Nov
Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
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...
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9th Nov
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...
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9th Nov
tag iconIn-house
Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Defective Premises Act content

Practice notes

Defective Premises Act—provision of dwellings

Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to...
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15th Jan
Practice notes

Defective Premises Act—landlords' liability

A landlord's liability to a tenant for the state and condition of premises is generally determined by the terms of the tenancy. However, under the...
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15th Jan
Q&As

Can a subtenant make a claim under the Defective Premises Act 1972 against a superior landlord where the subtenant’s immediate landlord is not responsible for the relevant repairs?

The Defective Premises Act 1972 (DPA 1972) gives a cause of action, in certain circumstances, to persons who suffer injury or loss arising out of a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As

A commercial unit has suffered damage due to water ingress, caused by a leak from a residential property above. Where both tenants have the same direct landlord, would the tenant of the commercial unit claim against its landlord, requiring it to enforce the covenants in the residential tenant’s lease, rather than claim against the residential tenant?

This Q&A explores who the tenant of a commercial unit should bring legal proceedings against when they suffer damage from a leak from a residential...
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Produced in partnership with Alex Campbell of Arden Chambers 8th Jan
Q&As

Under the Defective Premises Act 1972, is a dwelling constructed for the commercial purpose of a holiday home with planning restrictions limiting occupation to holiday accommodation only, excluded from the definition ‘dwelling house’?

The first duty is imposed by section 1 of the Defective Premises Act 1972 (DPA 1972). Although entitled ‘Duty to build dwellings properly’, its...
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29th Nov
Q&As

A potential tenant is unwilling to take a lease of a commercial tenant unless and until the adjoining neighbouring property has fixed the dilapidated fence which runs between the two properties and is on the verge of collapse and presents as a health and safety risk. What can the landlord do to force the neighbour to fix the offending fence?

We have assumed that:•the landlord does not own the neighbouring property•there is nothing in the title re maintenance of the fence•the fence does not...
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29th Nov
Q&As

Does a Jervis v Harris clause in a lease, allowing a landlord to carry out works falling within the tenant's repairing obligation, make the landlord liable under the Defective Premises Act 1972?

Under sections 4(1) and 4(2) of the Defective Premises Act 1972 (DPA 1972), where:•a landlord has a repairing obligation in respect of a defect (DPA...
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29th Nov

Popular documents

LEXISNEXIS

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,

LEXISNEXIS

Money Laundering Regulations 2017—simplified due diligence

You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:

LEXISNEXIS

Burden and standard of proof in criminal proceedings

There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the

LEXISNEXIS

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border