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鈥檚 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.
This week's edition of Property Disputes weekly highlights includes: a High Court decision granting a final injunction against protestors, Upper...
Property Disputes analysis: These appeals (heard together) concerned two applications for rent repayment orders against landlords who had each been...
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...
The UK Supreme Court (UKSC) and Judicial Committee of the Privy Council (JCPC) have introduced new websites and a new online case management portal....
Building and Fire Safety鈥攖he position in England, Scotland and WalesThis Practice Note sets out the differing positions on building and fire safety in...
Building Safety Act 2022鈥攌ey provisions and issuesThe government introduced the Building Safety Bill (the Bill) to Parliament in July 2021, intending...
Brexit timelineOn 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29...
The right to manageUnder Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), long leaseholders of flats in mainly residential...
The right to manage鈥攚hat are qualifying premises?Under Commonhold and Leasehold Reform Act 2002, s 71 (CLRA 2002), tenants can claim the right to...
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鈥檚...
Letter of claim鈥攃ontractual debt claim鈥攊n compliance with the Pre-Action Protocol for Debt Claims[On the headed notepaper of the creditor鈥檚...
Notice that sections 24 to 28 of the Landlord and Tenant Act 1954 are not to apply to a business tenancy鈥(landlord鈥檚 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鈥檚 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鈥 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鈥攎utual 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 鈥榰se and occupation鈥 or...
Order for sale鈥攏ext 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鈥攇eneral principlesWhat situations can give rise to a claim?Private nuisance is a 鈥榲iolation of real property rights鈥. It normally...
Successors in title鈥攍easesThe meaning of the term 鈥榮uccessors in title鈥 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 鈥榠mplied surrender鈥) 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鈥擫T(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...
Breach of Missives鈥攔emedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
A breach of a term of a lease where a tenant has covenanted (agreed) to do, or to not do something, such as to pay rent or not to part with possession. If an express right is reserved in the lease, the breach may entitle the landlord to forfeit.
The amount of rent which a tenant pays whilst its tenancy is continued pursuant to LTA 1954, s 24, where an application for interim rent is made by the landlord or tenant.
Notice served pursuant to the Torts (Interference with Goods) Act 1977, where goods have been left behind at lease expiry (commonly following forfeiture). It imposes an obligation on a former tenant to collect the goods and allows the landlord to sell the goods, if the tenant fails to do so.