Security of tenure for business tenancies under the Landlord and Tenant Act 1954 is a key area for a property litigator. Get the research and tools to advise on how security arises and how it’s terminated, daily.
Guidance covers the procedural and practical considerations prior to and throughout the process of forfeiting a lease. We give detailed guidance, linking deeper commentary, forms, precedents and a wide range of Q&As.
Guidance to secure rights to install and retain equipment to provide electronic communications services. Code issues, in respect of granting and terminating agreements, frequently arise between landowners and operators.
Understand practice and procedures, the implications of legislation and case law. Our notes have direct links to relevant cases, legislation, guidance and commentary. Get daily news feeds and weekly highlights.
The Ministry of Justice (MoJ) has concluded its consultation on the proposal to include the names of claimants on the Register of Judgments, Orders...
This week's edition of Property Disputes weekly highlights includes: Court of Appeal decisions on the Tenant Fees Act 2019 and estoppel in an adverse...
Local Government analysis: The Upper Tribunal in Kevin Prosser KC v Andrew Ricketts deals with the question of whether barristers’ chambers,...
The UK Supreme Court (UKSC) and Judicial Committee of the Privy Council (JCPC) have introduced new websites and a new online case management portal....
The Ministry of Housing, Communities and Local Government (MHCLG) has launched a consultation, seeking views on introducing permitted insurance fees...
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
Limitation Act 1980—general applicationIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.The function of limitation...
Landlord's consent to assign or underletForm of covenantThe tenant’s ability to assign or underlet will depend on the form of covenant in the lease....
Arbitration in Scotland—an introductionThis Practice Note offers an introduction to arbitration in Scotland under the Arbitration (Scotland) Act 2010...
Renting Homes (Wales) Act 2016—transitional provisionsThe Renting Homes (Wales) Act 2016 (RH(W)A 2016) came into force on 1 December 2022. On that...
Covering letter to accompany Reply Form in response to letter of claim sent pursuant to the Pre-Action Protocol for Debt Claims[Name of creditor’s...
Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims[On the headed notepaper of the creditor’s...
Notice that sections 24 to 28 of the Landlord and Tenant Act 1954 are not to apply to a business tenancy—(landlord’s warning notice) (guarantor)To:...
Statutory Declaration to exclude Part II Landlord and Tenant Act 1954 (guarantor)EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR...
Simple declaration to exclude Part II Landlord and Tenant Act 1954 (guarantor)EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale...
Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It normally...
Successors in title—leasesThe meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of...
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
What happens to an underlease on termination of the lease?The general common law principle is that when a lease comes to an end any underlease...
Estoppel and property lawThis Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of...
Release from landlord's covenants—LT(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...
Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
The right of a Trustee in Bankruptcy, Liquidator or the Crown to disclaim onerous property (often a leasehold interest). The effect is to bring any ongoing liabilities (of the bankrupt, company or the Crown) in relation to the property to an end.
A light obstruction notice interrupts a prescriptive right of light in the course of being acquired by another landowner without the necessity of physically obstructing the light.
A notice pursuant to section 21 of the Housing Act 1988 (HA 1988) which is served to determine an assured shorthold tenancy.