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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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...
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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...
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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...
Coronavirus (COVID-19): This Practice Note contains guidance which may be impacted by the government’s response to the COVID-19 outbreak. For further...
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...
Statutory power of sale—can it be exercised without a court order if residential property?If the charge is by deed the chargee will have the statutory...
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...
Taking back possession of a garageWhere a landlord has let a dwelling such as a house or a flat, they are not entitled to take back possession of the...
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...
Where a residential property is occupied, a landlord may only take steps to recover possession by issuing and serving forfeiture proceedings, rather...
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...
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...
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...
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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