Yielding up and vacant possession

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In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
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When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
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...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
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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...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
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...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
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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19th May
Practice notes
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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19th May
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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...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
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Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Yielding up and vacant possession content

Practice notes
Fixtures and fittingsWhen transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express...
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8th Sep
Practice notes
Dealing with goods left behind at lease end or following sale of propertyCoronavirus (COVID-19): During the current pandemic, legislation and changes...
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11th Aug
Q&As
What are the landlord’s options against a tenant for failing to give vacant possession or reinstate the premises in a commercial lease where the lease...
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10th Aug
Q&As
Where goods have been left behind by a tenant, do any lease provisions which allow the landlord to deal with these items override the provisions of...
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10th Aug
Practice notes
Yielding up and vacant possessionWhether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern...
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10th Aug
Q&As
What information do you have on a case involving the NHS and partitions left at a premises that should have been removed on exercise of break...
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1st Aug
Q&As
What is the extent of a tenant's obligation where a lease contains no tenant repair obligations, but includes a covenant to yield up in accordance...
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1st Aug
Q&As
Is a mezzanine floor in retail premises (installed by the tenant pursuant to a licence for alterations) a tenant's fixture?Issues relating to the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
Is there a difference between ‘vacate’ and ‘give up occupation’?It is trite to say that where one of the ‘expressions’ above is used in a statute or...
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Produced in partnership with Desmond Kilcoyne 1st Aug
Practice notes
Vacant possessionVacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion.In...
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31st Jul

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