Surrender

View Property Disputes by content type:

Latest Property Disputes News

Featured Property Disputes content

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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov

Most recent Surrender content

Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
Produced in partnership with Jill Carey of Freeths 15th Jan
Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
Read More >
15th Jan
Practice notes
Accepting a surrender can be the quickest way for a landlord to regain possession of the premises from an insolvent tenant. It circumvents the extra...
Read More >
15th Jan
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...
Read More >
15th Jan
Practice notes
When LTA 1954 applies on surrender—agreements to surrenderUnder section 24 of the Landlord and Tenant Act 1954 (LTA 1954), if a lease is not...
Read More >
8th Jan
Q&As
We have assumed in this case that the tenant has abandoned the premises by vacating it and has not paid the rent and/or service charge due under the...
Read More >
Produced in partnership with Helen Galley of XXIV Old Buildings 8th Jan
Q&As
A lease is a contact made between the landlord and the tenant, and, as with any contract, its terms can be varied by agreement. Such variations should...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
This exact point does not appear to have been decided, but the answer seems obviouse that the covenants should cease to be enforceable. This is...
Read More >
Produced in partnership with Nic Taggart of Landmark Chambers 8th Jan
Q&As
In some ways, the answer to the question posed depends upon whether:•the extension of the term of the lease is to take immediate effect between the...
Read More >
Produced in partnership with Chris Snell of No 5 Chambers 8th Jan
Q&As
By operation of law, certain variations to the terms of a lease by way of a deed of variation can amount to a surrender and regrant of the lease, even...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
The acceptance of the key by the landlord is not necessarily evidence of a surrender, it depends why the key was accepted. If it is accepted merely...
Read More >
Produced in partnership with Jeff Hardman of 12 New Square Chambers 8th Jan
Practice notes
What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
Read More >
5th Jan
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to any lease where the demised premises are occupied by the tenant for the purposes of...
Read More >
4th Jan
Precedents
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
4th Jan

Popular documents