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Leases and licences

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Licences, tenancies at will and periodic tenancies Recovering possession Service occupancy and service tenancy

Latest Property Disputes News

168th Practice Direction update

168th Practice Direction update
Property Disputes weekly highlights—6 June 2024

Property Disputes weekly highlights—6 June 2024

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—6 June 2024

Practice Direction from the Senior President of Tribunals: Reasons for decisions

Practice Direction from the Senior President of Tribunals: Reasons for decisions
Monies paid to a bankrupt’s son were after-acquired property (Hyde v Djurberg)

Monies paid to a bankrupt’s son were after-acquired property (Hyde v Djurberg)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Monies paid to a bankrupt’s son were after-acquired property (Hyde v Djurberg)

Featured Property Disputes content

Forfeiture of a lease

Forfeiture of a lease

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 agreements

Specific performance of property agreements

Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...

Occupiers’ liability

Occupiers’ liability

Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?When...
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Produced in partnership with of
2nd Mar
Practice notes

Mortgagee in possession

Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
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2nd Mar
Practice notes

Rectification—mutual mistake

Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
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2nd Mar
Practice notes

Claims for use and occupation, mesne profits, double rent and double value

Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
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2nd Mar
Practice notes

Order for sale—next steps after obtaining an order for sale

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...
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1st Mar
Practice notes

Notice to complete

Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
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1st Mar
tag iconCOVID-19
Practice notes

Private nuisance—general principles

Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It normally...
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Produced in partnership with Professor M.A, D.Phil, DCL, Oxford of
1st Mar
Practice notes

Successors in title—leases

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...
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2nd Mar
Practice notes

Surrender by operation of law

Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
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1st Mar
Practice notes

What happens to an underlease on termination of the lease?

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...
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1st Mar
Practice notes

Estoppel and property law

Estoppel and property lawThis Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of...
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2nd Mar
Practice notes

Release from landlord's covenants—LT(C)A 1995

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...
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2nd Mar
Q&As

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?The Party Wall etc Act 1996 (PWA...
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Produced in partnership with Kevin Leigh of No 5 Chambers
2nd Mar
Practice notes

Breach of Missives—remedies in Scotland

Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP
1st Mar
tag iconScottish Law
Q&As

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge...
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Produced in partnership with of
1st Mar
Q&As

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in the event of default. Can the landlord elect to forfeit and then use the rent deposit to settle rent arrears after forfeiture?

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in...
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Produced in partnership with of
2nd Mar

Popular documents

What happens if a landlord serves a section 25 notice proposing terms for a renewal lease, and the tenant

What happens if a landlord serves a section 25 notice proposing terms for a renewal lease, and the tenant does not respond before the termination date specified in the notice?If the tenant does not respond, by way of agreeing a statutory extension, or by issuing court proceedings by the termination

What is the procedure to recover possession against a licensee (no rent has been paid), eg under Part 55?

What is the procedure to recover possession against a licensee (no rent has been paid), eg under Part 55? Do they differ where the licensee is a family member who entered into possession by consent?What is the nature of the occupation?It should be considered whether or not there is a true licence in

What procedure could be used to remove a family member from his mother’s home in order for it to be sold

What procedure could be used to remove a family member from his mother’s home in order for it to be sold with vacant possession. He does not pay rent?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

If a right to occupy property has only been created orally, not in writing, can it still constitute a

If a right to occupy property has only been created orally, not in writing, can it still constitute a lease?Rights of occupationThe Law of Property Act 1925 (LPA 1925) makes certain provision in relation to conveyancing and property law in England and Wales.LPA 1925, s 54 (which is entitled