Unlawful eviction

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Latest Property Disputes News

Property Disputes weekly highlights—29 July 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—29 July 2021

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father’s Field Development Ltd v Namulas Pension Trustees Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Discharge of restrictive covenant—original contracting parties (Father’s Field Development Ltd v Namulas Pension Trustees Ltd)

Featured Property Disputes content

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

Breach of Missives—remedies in Scotland

MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...

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...

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

Precedents

Example letter 6–Line of Junction Notice–new wall wholly on your own land

To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...

19th May

Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...

Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May

Precedents

Acknowledgement of Line of Junction Notice—New wall astride the boundary

To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...

19th May

Precedents

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...

19th May

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

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

Rectification—unilateral mistake

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

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

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

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

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

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

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...

19th May

In-house

Most recent Unlawful eviction content

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...

12th Jul

Practice notes

Housing and Planning Act 2016—rogue landlords and property agents

Housing and Planning Act 2016—rogue landlords and property agentsPart 2 of the Housing and Planning Act 2016 (HPA 2016) implements various measures to...

2nd Jul

Q&As

When a residential licence has been terminated by the death of the licensor, does the executor of the deceased's estate have a right of access to the property and/or a set of keys? If the licensee has not vacated the property after the expiry of a notice to quit, can the executor of the deceased's estate enter the property?

When a residential licence has been terminated by the death of the licensor, does the executor of the deceased's estate have a right of access to the...

9th Jun

Q&As

In a claim for possession under Part 55 pursuant to a notice to quit under section 5 of the Protection from Eviction Act 1977, are costs capable of being claimed in the proceedings (ie by statement of costs) or do fixed costs apply?

In a claim for possession under Part 55 pursuant to a notice to quit under section 5 of the Protection from Eviction Act 1977, are costs capable of...

Produced in partnership with Elizabeth England 6th Jun

Q&As

Where a landlord has obtained an eviction notice against one tenant in a joint tenancy, what remedies are available to the other tenant?

Where a landlord has obtained an eviction notice against one tenant in a joint tenancy, what remedies are available to the other tenant?Is it...

6th Jun

Q&As

Do you have any information regarding rent repayment orders?

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...

6th Jun

Q&As

A tenant has a long residential lease which is sublet as an assured shorthold tenancy. The landlord forfeited the lease on the basis of non-payment of ground rent, which was due to the ground rent demands being sent to the property but not being passed to the tenant. Is there an argument that the ground rent demands were not validly served? What is the procedure for relief from forfeiture, and which party will be liable for costs of the proceedings generally?

A tenant has a long residential lease which is sublet as an assured shorthold tenancy. The landlord forfeited the lease on the basis of non-payment of...

6th Jun

Q&As

Does a landlord have to give notice in a specific form and obtain a court order to evict a tenant who has lived with the landlord for 24 years?

Does a landlord have to give notice in a specific form and obtain a court order to evict a tenant who has lived with the landlord for 24...

Produced in partnership with Alexander Campbell of Field Court Chambers 6th Jun

Q&As

The landlord serves a s 146 notice under the Law of Property Act 1925 on a residential long leasehold tenant on the basis of a breach of a lease, giving rise to the right to forfeit. The long leasehold tenant assigns their lease. The landlord forfeits the lease by peaceable re-entry, which they are not entitled to do in respect of residential premises. What is the best course of action—relief from forfeiture or injunctive relief for unlawful eviction?

The landlord serves a s 146 notice under the Law of Property Act 1925 on a residential long leasehold tenant on the basis of a breach of a lease,...

5th Jun

Q&As

A rents a domestic garage to B. There is no tenancy agreement, but rent is paid monthly. Rent has not been paid for over a year, a notice to quit has been served but not complied with, and the garage remains full of B’s possessions. Can A simply take back possession of the garage or is a court order required, and does the procedure under the Torts (Interference with Goods) Act 1977 procedure have to be followed in respect of the goods?

A rents a domestic garage to B. There is no tenancy agreement, but rent is paid monthly. Rent has not been paid for over a year, a notice to quit has...

Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun

Q&As

Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in place and without paying any rent (but paying for maintenance and outgoings in relation to the property), how should the property owner proceed to gain possession and is a formal notice to seeking possession or to quit required?

Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in...

Produced in partnership with Sarah Finch of Hamlins 5th Jun

Q&As

Where notice is to be given to an occupier who is excluded from the protection of the Protection from Eviction Act 1977 (a family member living with the licensor rent-free and without exclusive possession), is the notice valid for a certain period of time, during which the licensor must take action to recover possession?

Where notice is to be given to an occupier who is excluded from the protection of the Protection from Eviction Act 1977 (a family member living with...

5th Jun

Q&As

Are there any differences in the procedure for forfeiting a residential lease when it is held by a limited company rather than an individual?

Are there any differences in the procedure for forfeiting a residential lease when it is held by a limited company rather than an individual?Procedure...

Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun

Q&As

Does a legal chargee have to obtain a court order to enforce an order for sale? The chargor is not in arrears but the whole debt will fall due shortly. Does the chargee have to follow the pre action protocol for possession claims based on mortgage arrears?

Does a legal chargee have to obtain a court order to enforce an order for sale? The chargor is not in arrears but the whole debt will fall due...

5th Jun

Q&As

Where a tenant has vacated a property, but their partner, who has learning difficulties, has remained in occupation despite not being named on the tenancy agreement, is it appropriate to serve a notice to quit as a precursor to possession proceedings?

Where a tenant has vacated a property, but their partner, who has learning difficulties, has remained in occupation despite not being named on the...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 5th Jun

Q&As

Is a formal notice to quit required to be served pursuant to the Protection from Eviction Act 1977 before issuing proceedings to evict an almshouse occupant? If so, please confirm the form of notice required.

Is a formal notice to quit required to be served pursuant to the Protection from Eviction Act 1977 before issuing proceedings to evict an almshouse...

5th Jun

Q&As

Can someone who has been allowed into occupation by a former tenant, without the knowledge or consent of the landlord, and who has not paid any rent, claim the protection of the Protection from Eviction Act 1977?

Can someone who has been allowed into occupation by a former tenant, without the knowledge or consent of the landlord, and who has not paid any rent,...

5th Jun

Q&As

If a tenant is in occupation of a flat but has not signed a tenancy agreement, how does this affect the landlord’s ability to terminate the tenancy and obtain possession?

If a tenant is in occupation of a flat but has not signed a tenancy agreement, how does this affect the landlord’s ability to terminate the tenancy...

Produced in partnership with Mark O’Grady of Lamb Chambers 5th Jun

Q&As

In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have to serve notice to recover possession and does he need a court order?

In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have...

Produced in partnership with Kate Andrews of Hamlins 5th Jun

Q&As

What procedure could be used to remove a family member from his mother’s home in order for it to be sold with vacant possession. He does not pay rent?

What procedure could be used to remove a family member from his mother’s home in order for it to be sold with vacant possession. He does not pay...

Produced in partnership with Christopher Snell of New Square Chambers 5th Jun

Unlawful eviction

View Property Disputes by content type:

Latest Property Disputes News

Property Disputes weekly highlights—29 July 2021

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father’s Field Development Ltd v Namulas Pension Trustees Ltd)

Featured Property Disputes content

Notice to complete

Breach of Missives—remedies in Scotland

Discharging a charging order over land

What happens to an underlease on termination of the lease?

Most recent Unlawful eviction content

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Contract variation

Parent company guarantees (PCGs) in construction

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