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Latest Property Disputes News

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property Disputes content

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Notice to complete

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

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

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...

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

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

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...

Produced in partnership with Desmond Kilcoyne 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

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

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

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...

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

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

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

Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May

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

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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

Most recent Surrender content

Practice notes

Accepting a surrender from an insolvent tenant

Accepting a surrender from an insolvent tenantAccepting a surrender can be the quickest way for a landlord to regain possession of the premises from...

9th Sep

Practice notes

Vacant possession strategy for redevelopment

Vacant possession strategy for redevelopmentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in...

Produced in partnership with Jill Carey of Freeths 23rd Aug

Precedents

Deed of surrender

Deed of surrenderDateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose...

10th Aug

Precedents

Statutory declaration in support of an application to HM Land Registry to remove reference to a lease surrendered by operation of law

Statutory declaration in support of an application to HM Land Registry to remove reference to a lease surrendered by operation of lawI [insert name]...

10th Aug

Q&As

A tenant company remains in occupation of commercial premises for a number of years after its contracted-out lease expires. It therefore acquires a protected periodic business tenancy. The company is then dissolved but the directors remain in occupation of the premises, operating their business as a sole trader, and continue to pay rent to the landlord. The landlord wants to regularise matters and complete a new contracted-out lease with the sole trader tenant. Is a deed of surrender required or will completion of a new lease bring the periodic tenancy to an end by operation of law?

A tenant company remains in occupation of commercial premises for a number of years after its contracted-out lease expires. It therefore acquires a...

10th Aug

Q&As

If a headlease is surrendered and re-granted with a larger area demised, what would happen to the underlease?

If a headlease is surrendered and re-granted with a larger area demised, what would happen to the underlease?The surrender and regrant of a headlease...

10th Aug

Q&As

A tenant who has remained in occupation for a number of years following the expiry of a LTA 1954 lease of ground floor retail and upper floor residential premises has now served notice on its landlord to determine the tenancy. However, a former employee of the tenant remains in occupation of the residential parts. Can the landlord require the tenant to deliver up possession of the residential part? If the landlord accepts the keys from the tenant at the expiry of its notice, does the tenant have any further liability in that regard?

A tenant who has remained in occupation for a number of years following the expiry of a LTA 1954 lease of ground floor retail and upper floor...

10th Aug

Q&As

The landlord agreed to a tenant terminating a 12–month fixed term residential tenancy one month early. In reliance on that the tenant paid a non-refundable deposit in respect of a new tenancy. The landlord then reneged on their agreement. The tenant accordingly paid additional rent for a period after the early termination date, while reserving their rights. Can the tenant reclaim the additional rent?

The landlord agreed to a tenant terminating a 12–month fixed term residential tenancy one month early. In reliance on that the tenant paid a...

10th Aug

Q&As

How can I remove a lease which was registered against the title of my freehold property, after the tenant has left and I have repossessed the property?

How can I remove a lease which was registered against the title of my freehold property, after the tenant has left and I have repossessed the...

10th Aug

Q&As

The superior lease is being surrendered by a deed of surrender between the freeholder and the superior landlord. Contemporaneously, the sub-lease is being surrendered by operation of law by a party taking an assignment of the sub-lease and the same party simultaneously being granted a new sub-lease by the superior landlord. Will the assignment of an unregistered sub-lease and grant of a new sub-lease act as surrender by operation of law? How should a new sub-tenant and a sub-tenant’s mortgagee seek protection of their interests at HM Land Registry? What HM Land Registry searches should be undertaken? If the freehold is subject to a charge will mortgagee consent be required for (i) the surrender and re-grant of the superior lease; and (ii) the grant of the new sub-lease?

The superior lease is being surrendered by a deed of surrender between the freeholder and the superior landlord. Contemporaneously, the sub-lease is...

10th Aug

Q&As

Where a lease is to be extended in length and an updated agreed plan to be substituted for that in the existing lease (without affecting the demise), should this be documented as a surrender and regrant or can a simple lease variation be completed?

Where a lease is to be extended in length and an updated agreed plan to be substituted for that in the existing lease (without affecting the demise),...

Produced in partnership with Christopher Snell of New Square Chambers 10th Aug

Q&As

With respect to section 25 notices, it is noted that if an application to court is not made before the date of termination or a new tenancy is not agreed by that date by negotiation between the parties, the existing tenancy comes to an end on that date. What is meant by 'agreed by that date by negotiation'? Does this mean an informal agreement or a binding agreement to lease? If a new lease is entered into by the parties before the termination date, is the prior lease surrendered by operation of law?

With respect to section 25 notices, it is noted that if an application to court is not made before the date of termination or a new tenancy is not...

10th Aug

Q&As

Can a landlord enforce a clause in a lease which requires a tenant to repay any empty rates relief lost after the end of the term if the lease has been surrendered and the deed of surrender contains a full release of the tenant from all tenant covenants and any subsisting breach of them?

Can a landlord enforce a clause in a lease which requires a tenant to repay any empty rates relief lost after the end of the term if the lease has...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

Q&As

Under a Rent Act tenancy, where the tenants have vacated the property and removed all items out of the property, is the handing back of keys to the landlord sufficient evidence to bring the tenancy to an end? Could the landlord subsequently enter the property and change the locks?

Under a Rent Act tenancy, where the tenants have vacated the property and removed all items out of the property, is the handing back of keys to the...

Produced in partnership with Jeff Hardman of 12 New Square Chambers 10th Aug

Q&As

A shop with a flat above is let to a business tenant who sublets the residential part and then moves out of the property three years ago. The residential tenant remains in occupation. The business tenant offers to surrender the lease which is refused. The landlord proceeds against the business tenant’s guarantor under an authorised guarantee agreement. Terms have been agreed as to arrears with the guarantor. The landlord has secured new tenants for the business part and wants to let the business premises by way of a new lease and the residential part by way of an assure shorthold tenancies directly with the residential tenant. Can the landlord now accept the previous offer to surrender the premises having refused it, or can the business tenant be deemed to have abandoned and surrendered the premises by law?

A shop with a flat above is let to a business tenant who sublets the residential part and then moves out of the property three years ago. The...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

Q&As

If a landlord enters into a joint assured shorthold tenancy fixed-term tenancy agreement with three tenants and rent payable on the face of the contract as 'yearly' (eg rent for the 'term' (of 12 months) will be £X), will the tenancy continue on a month-by-month periodic tenancy on the expiration of the fixed term? If one of the tenants vacates the property and a new tenant takes their place, are they still bound by the terms of the tenancy agreement?

If a landlord enters into a joint assured shorthold tenancy fixed-term tenancy agreement with three tenants and rent payable on the face of the...

10th Aug

Q&As

Is VAT payable on a ‘reverse premium’ paid by a tenant on surrender? Does it matter if the landlord has elected to waive the exemption?

Is VAT payable on a ‘reverse premium’ paid by a tenant on surrender? Does it matter if the landlord has elected to waive the exemption?Where a tenant...

10th Aug

Q&As

A tenant is in occupation and holding over on a lease which expired in 2015 and was not contracted out of the Landlord and Tenant Act 1954. Both parties have agreed to enter into a new lease and this has been drafted but not yet completed, however no section 25 or section 26 notice has been served. If the new lease is completed by agreement will this supersede/terminate the continuation tenancy as an implied surrender and re-grant and will the new lease be legally binding on both parties?

A tenant is in occupation and holding over on a lease which expired in 2015 and was not contracted out of the Landlord and Tenant Act 1954. Both...

Produced in partnership with Carl Fain of Tanfield Chambers 10th Aug

Q&As

The contractual term of a commercial lease has ended and the tenancy is currently periodic. There are two joint tenants. One of the tenants proposes that the tenancy should be assigned by both joint tenants into the name of one of them. However, the second joint tenant is not cooperating with that proposal. Can the other joint tenant request that the landlord releases them from the tenancy?

The contractual term of a commercial lease has ended and the tenancy is currently periodic. There are two joint tenants. One of the tenants proposes...

10th Aug

Q&As

A landlord and tenant enter into a deed of surrender of a registered lease. The reversion is unregistered. If the deed of surrender is not registered at HM Land Registry, is the deed of surrender still legally effective? Or can the lease still be enforced against the tenant?

A landlord and tenant enter into a deed of surrender of a registered lease. The reversion is unregistered. If the deed of surrender is not registered...

Produced in partnership with Nic Taggart of Landmark Chambers 10th Aug

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Surrender

View Property Disputes by content type:

Latest Property Disputes News

End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property Disputes content

Specific performance of property agreements

Notice to complete

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Service charges—summary of tenants’ rights and obligations

Most recent Surrender content

Popular documents

Defects liability period and rectification of defects

Robbery

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Negligence—when is the duty of care breached?

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