Unlawful eviction

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Practice notes
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
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
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
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
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
Practice notes
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
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
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
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
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
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
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
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
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
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
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 Unlawful eviction content

Practice notes
This Practice Note summarises the main offences and statutory provisions against unlawful eviction of certain tenants and licensees. For further...
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8th Apr
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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Produced in partnership with Laura Tweedy of Hardwicke Chambers 7th Apr
Practice notes
Part 2 of the Housing and Planning Act 2016 (HPA 2016) implements various measures to improve the way housing is managed, by enhancing the power of a...
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17th Mar
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance which may be impacted by the government’s response to the COVID-19 outbreak. For further...
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10th Mar
Q&As
This Q&A assumes that the tenancy of the garage (the Property) is an assured shorthold tenancy (AST) (rather than a long lease) and that the...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
A lease for three years or less, provided that it is at a market rent, may be created orally. A lease for more than three years can only be made by...
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Produced in partnership with Mark O’Grady of Lamb Chambers 22nd Jan
Q&As
Procedure for forfeiting a residential leaseThe law of forfeiture provides that a landlord can determine a lease by effecting re-entry to the...
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Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan
Q&As
Is it sufficient for a landlord to serve notice and evict one tenant in a joint tenancy?Sections 8 and 21 of the Housing Act 1988 (HA 1988) are silent...
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22nd Jan
Q&As
If a party is successful in a claim the usual rule is that the losing party pays both his and the other party’s costs. Costs might be assessed in the...
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Produced in partnership with Elizabeth England of 42 Bedford Row 22nd Jan
Q&As
For the purposes of this question, we have assumed that the family member who is to be removed from his mother’s home has never paid any rent for his...
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Produced in partnership with Christopher Snell of New Square Chambers 22nd Jan
Q&As
The Protection from Eviction Act 1977 (PEA 1977) provides that a person will be guilty of an offence if he unlawfully deprives or attempts to deprive...
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22nd Jan
Q&As
Resident landlordsA private sector tenancy granted after the coming into force of the Housing Act 1988 (HA 1988) on 15 January 1989,will usually be an...
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Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan
Q&As
This Q&A considers whether it is necessary to serve a notice to quit as a precursor to possession proceedings, in circumstances where the tenant has...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan
Q&As
The status of an Almshouse occupier will depend on the nature and circumstances of the occupation. In Watts v Stewart the occupier was found to have...
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29th Nov

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