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NEWS
Public Law analysis: Nick Wrightson and Bianca Patulea of the Public Law team at Kingsley Napley LLP examine Article 1 of Protocol No 1 (A1P1) to the European Convention on Human Rights (ECHR). This quick reference guide provides a helpful summary explaining what A1P1 is, what it covers, the criteria for justified interference with A1P1 rights, and how A1P1 interacts with other Convention rights.
PRACTICE NOTES
This Practice Note provides a summary of the main details of cases decided in the Upper Tribunal and above under the Electronic Communications Code, set out in Schedule 3A to the Communications Act 2003, including the relevant provisions of the Code and the outcome of the case. For further guidance in relation to the Code, see Practice Notes: The Electronic Communications Code—code rights and The Electronic Communications Code—terminating and renewing code rights. Imposing Code rights and agreements Case and Court/Tribunal Provisions of Code considered Decision Further details EE Ltd v Wandsworth London Borough Council [2026] UKUT 299 (LC) Para 20 (Court imposed agreements) The UT allowed the appellants' appeal against the FTT's decision that they were not entitled to seek a Code agreement under Part 4 of the Electronic Communications Code. The appellants, mobile network operators, held a lease of a telecommunications site on the roof of Castlemaine House which expired in 2013, after which they remained in occupation paying rent. The FTT found they held a periodic tenancy with security of tenure
PRACTICE NOTES
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that (with exceptions) any lease granted on or after 1 January 1996 creates what is defined as a ‘new tenancy’ for the purposes of LT(C)A 1995. A lease granted before is an ‘old tenancy’. This Practice Note summarises, in the context of both ‘old tenancies’ and ‘new tenancies’, whether or not the benefit of tenant covenants and burden of landlord covenants run with the reversion, whether the benefit of landlord covenants and burden of tenant covenants run with the term, and the extent to which there is a release of liability on assignment. Old tenancy New tenancy Transfer of reversion Benefit of tenant covenants—does it run with the reversion? The obligation to pay rent and the benefit of other covenants and provisions in a lease that have reference to the subject matter of the lease run with the reversion (Law of Property Act 1925, s 141).Accordingly, an incoming landlord is entitled to enforce the benefit of all tenant’s
PRACTICE NOTES
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further information. It is not an exhaustive list of the deadlines that might apply to each area mentioned, and gives only brief details. Reference should be made to the further information for full details of the law and practice in each case. For further information on limitation periods generally, see Practice Notes: Limitation—the principal limitation periods and Limitation Act 1980—general application. Step required Time limit Reference Further information Limitation periods for common court proceedings Court proceedings for recovery of rent (including sums reserved as rent) Six years from date on which arrears became due Section 19 of the Limitation Act 1980 (LA 1980) See Practice Note: Recovering rent arrears. Court proceedings for breach of lease other than non-payment of rent 12 years if lease made by deed; otherwise six years LA 1980, ss 5 and 8 See Practice Note: Quick guide
CHECKLISTS
The following table in this Checklist summarises the key points to note about follower notices and accelerated payment notices (APNs)/partner payment notices (PPNs). For more information, see Practice Notes: • Follower notices, and • Accelerated payment notices Key points Follower notices APNs/PPNs Purpose Anti-avoidance:• provided four conditions (A–D) are met, HMRC can give follower notices to taxpayers who have used an avoidance scheme that has been shown to fail in a relevant judicial ruling (ie in another person's litigation)• penalties for failing to comply with a follower notice incentivise the recipient of notice to concede to HMRC's view and to take any necessary corrective action, such as amending a return or a claim, or to drop its appeal in accordance with the earlier ruling and therefore save HMRC the time and expense of having to litigate the same issue again Anti-avoidance:• provided three conditions (A–C) are met, HMRC can give an APN/PPN to a taxpayer to require payment of the tax in dispute before that taxpayer's case (and therefore before the final amount of tax
PRACTICE NOTES
This Practice Note summarises the landlord and tenant related Building Safety Act 2022 (BSA 2022) time limits, including in respect of service of: • leaseholder deeds of certificate (LDCs) • a landlord’s request for an LDC • a landlord’s certificate • a previous landlord’s certificate • notification of insolvency of responsible persons, and • appeals against notices of liability served on other landlords For further guidance see Practice Note: Building Safety Act 2022—landlord and tenant issues. Step required Time limit Reference Further information Serve landlord’s first notice requesting an LDC Within five days of the landlord becoming aware the leasehold interest is being sold, or that there is a relevant defect The Building Safety (Leaseholder Protections) (Information etc) (England) Regulations 2022, SI 2022/859, reg 6 Under The Building Safety (Leaseholder Protections) (Information etc) (England) Regulations 2022, SI 2022/859, regulation 6 unless the landlord has already received an LDC, then before the notification date: ie five days after the date on which the landlord becomes aware that:
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the potential options and remedies which may be available to a landlord in dealing with a defaulting tenant, how these may have been affected or limited during the coronavirus (COVID-19) pandemic, and how long such limitations are in place. For further guidance on rent recovery, see Practice Note: Rent arrears recovery under the Commercial Rent (Coronavirus) Act 2022 [Archived]. Normal remedies Coronavirus (COVID-19) remedies How long is the coronavirus (COVID-19) remedy in force? Possession notices (residential tenancies) The two main routes for terminating assured shorthold tenancies (ASTs) are under the Housing Act 1988 (HA 1988):• section 8—which requires between two weeks’ and two months’ notice depending on the ground for possession relied on (Note that assured tenancies (AT) must be terminated using the section 8 procedure), or• section 21—which requires at least two months’ noticeSee Practice Note: Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position. ​​Notice periods were increased
PRACTICE NOTES
This Practice Note provides a summary of the remedies available to a landlord when faced with a tenant’s breach of lease, including forfeiture, service of a statutory demand, court proceedings to recover rent or damages, or for an injunction, Commercial Rent Arrears Recovery (CRAR) (including recovering rent from sub-tenants), claims against guarantors, claims against former tenants (via service of a notice under section 17 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)), withdrawal from a rent deposit, and serving an entry and repair notice. If a tenant breaches a lease covenant, there are a number of remedies available to a landlord, listed and explained below. Before using them, landlords should consider whether: • the tenant is in any form of insolvency. If so, check the list of restrictions on recovery action for each form of insolvency here. See also: Landlord steps to take if tenant becomes insolvent—checklist and Practice Note: Quick guide to property insolvency • the landlord may wish to forfeit. Some remedies will affirm the ongoing existence
PRACTICE NOTES
This Practice Note summarises the restrictions on enforcement action by a landlord in the most common forms of tenant insolvency. It covers court proceedings for rent or damages, pursuing guarantors or previous tenants, claiming rent from subtenants, drawing down on a rent deposit deed, using the CRAR procedure, forfeiture by peaceable re-entry, forfeiture by proceedings, and requiring an insolvency practitioner to elect whether to disclaim the lease. For a general introduction to property insolvency see Practice Note: Quick guide to property insolvency. Restrictions on landlord remedies Landlord remedy: Court proceedings for rent or damages Pursue guarantors/previous tenants Claim rent from subtenants Use rent deposit deed CRAR Peaceable re-entry (forfeiture) Court proceedings (forfeiture) Serve notice on insolvency practitioner requiring them to elect whether to disclaim lease Bankruptcy Not without leave of the court (section 285(3) of the Insolvency Act 1986 (IA 1986)) Yes, under IA 1986, s 281(7) Yes, under IA 1986, s 281(7) Depends on rent deposit structure. See Practice Note: Rent deposit deed—effect of insolvency. Yes, where
PRACTICE NOTES
The Party Wall etc Act 1996 (PWA 1996) provides a framework that controls how a building owner who shares a boundary with an adjoining owner can carry out works. This Practice Note provides a summary of the functions of PWA 1996. For more detailed guidance, see Practice Note: Party Wall works—notices, disputes and awards. Purpose of the Party Wall etc Act 1996 PWA 1996 affects any building owner that wishes to: • work on existing party walls or structures • construct a new wall or structure at the boundary line with an adjoining property, or • excavate within three or six metres of an adjoining building or structure (depending on the depth of the works) PWA 1996 works by giving building owners rights to do work to party walls that would otherwise be a trespass to neighbouring property, or would risk liability for the tort of nuisance. It also gives certain protections to adjoining owners, creates a dispute resolution method and apportions costs in certain cases. What is a party wall? A party wall
PRACTICE NOTES
This Practice Note gives an introduction to the main issues for property disputes lawyers in each of the most common forms of insolvency process: administration, company voluntary arrangements, liquidation, receivership, the free-standing moratorium and restructuring plans introduced by the Corporate Insolvency and Governance Act 2020, bankruptcy and individual voluntary arrangements. It also explains the restrictions on enforcement action by landlords when tenants are insolvent, and explains what tenants can do when their landlord is insolvent. Administration An administrator may be appointed either: • out of court, either by the company, its directors or by the holder of a qualifying floating charge, or • by the court, on application by the company, its directors or any creditor Administration affords protection while a recovery scheme is implemented. The objective is to, in order of priority: • rescue the company as a going concern, or • achieve a better result for creditors than if the company were wound up, or • realise property for the benefit of creditors In administration: • the administrator takes control of the company;
PRACTICE NOTES
This Practice Note details the steps which overseas entities need to take when holding, acquiring or disposing of land in order to comply with the Economic Crime (Transparency and Enforcement) Act 2022 (EC(TE)A 2022). It should be read in conjunction with Practice Note: Overseas entities and land under the Economic Crime (Transparency and Enforcement) Act 2022—property registration and restrictions. For the purposes of this note, it is assumed that: • the land in question is a qualifying estate for the purposes of EC(TE)A 2022 • in the case of land already owned by an overseas entity, it was registered pursuant to an application made to HM Land Registry (HMLR) on or after 1 January 1999 • the overseas entity is an overseas entity for the purposes of EC(TE)A 2022 • references to: ◦ the ROE is to the register maintained under EC(TE)A 2022, s 3, and ◦ the OE ID is to the unique identity number allocated to an overseas entity in that register • references