Residential tenancies

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Latest Property Disputes News

Property Disputes weekly highlights—16 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Property Disputes weekly highlights—9 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—9 September 2021

Featured Property Disputes content

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....

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...

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...

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

Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

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...

Produced in partnership with Desmond Kilcoyne 19th May

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...

Produced in partnership with Kate Andrews of Hamlins 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

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

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

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...

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

Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

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...

Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...

19th May

Most recent Residential tenancies content

Q&As

A landlord entered into an assured shorthold tenancy agreement (AST) in 2013 for six months before 15 October 2015 when the Deregulation Act 2015 (DA 2015) came into force. Subsequently the landlord died and his sons have inherited his estate. The father did not obtain or serve on the tenant any of the AST requirements, lacking knowledge. He obtained an energy performance certificate, but no How to Rent document and just one electrical and gas safety certificate and did not renew them. How can the sons regulate their position so that they can now serve a valid section 21 notice under the Housing Act 1988?

A landlord entered into an assured shorthold tenancy agreement (AST) in 2013 for six months before 15 October 2015 when the Deregulation Act 2015 (DA...

Produced in partnership with Helen Galley of XXIV Old Buildings 15th Sep

Q&As

How should a rent arrears claim be made, once possession of a property has been regained using the accelerated procedure?

How should a rent arrears claim be made, once possession of a property has been regained using the accelerated procedure?ProcessThe correct process to...

15th Sep

Practice notes

Enforcing a judgment or order for possession of land

Enforcing a judgment or order for possession of landCPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the...

15th Sep

Q&As

Can a residential assured shorthold tenancy agreement with peppercorn rent be granted where the tenant has an option to use the property for AirbnB, or would the tenancy be classed as a commercial tenancy and fall within Landlord and Tenant Act 1954?

Can a residential assured shorthold tenancy agreement with peppercorn rent be granted where the tenant has an option to use the property for AirbnB,...

10th Sep

Practice notes

Residential tenancies and the Immigration Act—'Right to Rent'

Residential tenancies and the Immigration Act—'Right to Rent'Coronavirus (COVID-19): This Practice Note contains guidance which may be impacted by the...

9th Sep

Practice notes

Unlawful eviction and quiet enjoyment

Unlawful eviction and quiet enjoymentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...

Produced in partnership with Laura Tweedy of Gatehouse Chambers 8th Sep

Q&As

Is a notice pursuant to section 21 of the Housing Act 1988 invalid if it fails to set out the landlord's name and address at paragraph 4 of the prescribed form?

Is a notice pursuant to section 21 of the Housing Act 1988 invalid if it fails to set out the landlord's name and address at paragraph 4 of the...

8th Sep

Practice notes

Assured and assured shorthold tenancies—terminating

Assured and assured shorthold tenancies—terminatingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...

3rd Sep

Scottish Law

COVID-19

In-house

Practice notes

Tenancy deposit schemes

Tenancy deposit schemesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

3rd Sep

Practice notes

Assured and assured shorthold tenancies—granting

Assured and assured shorthold tenancies—grantingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure...

3rd Sep

In-house

Q&As

Can a landlord refuse to let to a tenant with children, or include a clause in an assured shorthold tenancy agreement that children are not allowed?

Can a landlord refuse to let to a tenant with children, or include a clause in an assured shorthold tenancy agreement that children are not...

2nd Sep

Precedents

Drafting notes for claim form in s 21 notice accelerated possession proceedings

Drafting notes for claim form in s 21 notice accelerated possession proceedingsCoronavirus (COVID-19): During the current pandemic, legislation and...

26th Aug

Q&As

Where Company A and Company B have agreed the terms of a lease but not completed it, what is the legal status of assured shorthold tenancies granted by Company B to third parties prior to completion? Are they void due to the absence of B having a legal interest, or do the tenants become direct tenants of Company A?

Where Company A and Company B have agreed the terms of a lease but not completed it, what is the legal status of assured shorthold tenancies granted...

25th Aug

Q&As

A residential property is let to a limited company and sublet to individuals. Who is responsible for statutory compliance (ie to provide EPCs, the right to rent guide, electrical certificates etc) and what legislation governs corporate lettings?

A residential property is let to a limited company and sublet to individuals. Who is responsible for statutory compliance (ie to provide EPCs, the...

24th Aug

Precedents

Drafting notes for section 8 notice to quit seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST)

Drafting notes for section 8 notice to quit seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy...

Produced in partnership with Browne Jacobson 24th Aug

Q&As

I am acting for the proprietor of a residential property. The property was initially let to an individual under an assured shorthold tenancy which had rolled over into a periodic tenancy. Now also living in the property, though not named a party to the lease, is the tenant’s daughter. The tenant has recently died and my client wants to recover possession against the daughter who has refused to move out. What is the procedure for gaining possession in these circumstances?

I am acting for the proprietor of a residential property. The property was initially let to an individual under an assured shorthold tenancy which had...

24th Aug

Q&As

An assured shorthold tenant is sub-letting contrary to the terms of the tenancy agreement. A section 8 notice seeking possession has been served based on Ground 12 of the Housing Act 1988, prior to instigating possession proceedings. Can the landlord continue to demand rent now that he is aware of the breach or should the rent be described as damages for use and occupation?

An assured shorthold tenant is sub-letting contrary to the terms of the tenancy agreement. A section 8 notice seeking possession has been served based...

24th Aug

Q&As

Where a landlord proposes to transfer a freehold property which is currently the subject of possession proceedings against a tenant at the property, is it necessary to substitute the transferee of the property as the claimant in the possession proceedings?

Where a landlord proposes to transfer a freehold property which is currently the subject of possession proceedings against a tenant at the property,...

24th Aug

Q&As

Can you issue Section 8 possession proceedings and Section 21 proceedings at the same time? Would the Section 21 notice then be invalidated?

Can you issue Section 8 possession proceedings and Section 21 proceedings at the same time? Would the Section 21 notice then be invalidated?Section 8...

24th Aug

Precedents

Section 21 notice

Section 21 noticeCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals...

24th Aug

COVID-19

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Residential tenancies

View Property Disputes by content type:

Latest Property Disputes News

Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Property Disputes weekly highlights—9 September 2021

Featured Property Disputes content

Specific performance of property agreements

Notice to complete

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

Service charges—summary of tenants’ rights and obligations

Most recent Residential tenancies content

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