Public sector residential tenancies

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Practice notes
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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19th May
Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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19th May
Precedents
To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...
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19th May
Practice notes
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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19th May
Precedents
To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...
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19th May
Q&As
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
Q&As
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 considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Q&As
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 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
Q&As
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 Public sector residential tenancies content

Practice notes
Possession—anti-social behaviour, nuisance and crimeCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
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8th Jun
Practice notes
Obtaining possession of a flexible tenancyFor a local authority (LA) to obtain possession of a flexible tenancy before the end of the fixed term the...
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8th Jun
Q&As
In a mutual exchange between landlords, is there a set timeframe by which the tenants under the secure tenancies have to swap homes before the...
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Produced in partnership with Helen Galley of XXIV Old Buildings 6th Jun
Q&As
Do you have any information regarding rent repayment orders?At present, a local authority may apply, pursuant to sections 73–74 of the Housing Act...
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6th Jun
Q&As
Do you have any guidance on how to challenge an improvement notice served under section 12 of the Housing Act 2004?The recipient of an improvement...
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6th Jun
Q&As
Where a registered social landlord seeks a demotion order in respect of an assured tenancy, does the order granted create a demoted assured shorthold...
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Produced in partnership with Helen Galley of XXIV Old Buildings 6th Jun
Q&As
What action can a local authority, as landlord, take against a tenant who is impeding the fire escape in a communal area?Breach of tenancy...
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6th Jun
Q&As
Is there any case law on a co-operative recovering possession on the basis that the tenant has been removed as a member?This Q&A refers to housing...
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5th Jun
Practice notes
Introductory tenancy—obtaining possessionCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 5th Jun
Practice notes
Obtaining possession of a secure tenancyCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...
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Produced in partnership with Karl King of Harwicke Chambers 5th Jun
Q&As
What duties does an environmental health officer have in relation to the housing health and safety rating system? What powers of enforcement do they...
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Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun
Practice notes
Demoted tenanciesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals...
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5th Jun

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