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.
This week's edition of Property Disputes weekly highlights includes: Supreme Court decisions on the Building Safety Act 2022 and on undue influence,...
The Courts and Tribunals Judiciary (CATJ) has published the Court of Appeal (Civil Division) Guide, highlighting key procedures and requirements for...
The Supreme Court has unanimously allowed the appeal, holding that a creditor is put on inquiry in any non-commercial hybrid transaction where, on the...
The Law Commission has published an interim statement on reforming business tenancies under the Landlord and Tenant Act 1954 (LTA 1954). The statement...
Local Government analysis: This case involves what the court described as the latest in the history of ‘creative attempts’ in devise schemes to reduce...
Property Disputes—new starter guideThis new starter guide provides an introduction to Property Disputes (PD). It is aimed at trainee solicitors and...
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...
Ending a contract by agreementThere are numerous ways in which a contract can come to an end, not just by agreement, see: Terminating contracts—how...
Proprietary estoppelThis Practice Note sets out what proprietary estoppel is, how to establish a plea of proprietary estoppel and provides examples of...
Taking a guarantee or third party security from an individual—undue influenceGuarantees (see Practice Note: Guarantees) and third party security (see...
Notice to complete—enfranchisement or lease extension—house (LRA 1967)LEASEHOLD REFORM ACT 1967Leasehold Reform(Enfranchisement and Extension)...
Notice of objection to further severance of premises above or below other property—house enfranchisement and lease extension claims (LRA...
Notice to tenant that the right to a new lease is suspended—flat collective enfranchisement (LRHUDA 1993)LEASEHOLD REFORM, HOUSING AND URBAN...
Notice of withdrawal of tenant’s notice of claim—flat lease extension (LRHUDA 1993)LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 SECTION...
Notice of objection to further severance of premises originally let with the house—house enfranchisement and lease extension claims (LRA...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
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...
Remedies for breach of restrictive covenantsThis Practice Note explains when damages for breach of restrictive covenants might be awarded in lieu of...
Notice to completeThis Practice Note covers what ready, willing and able means and the consequences of serving an invalid notice. A party who is...
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—substantial interference...
Periodic tenanciesThis Practice Note sets out the nature of a periodic tenancy and the procedure and notice periods for terminating such a tenancy. It...
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Quick guide to benefit and burden of covenants on assignmentThe Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted...
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
°Õ°ù±ð²õ±è²¹²õ²õâ€À¹±ð³¾±ð»å¾±±ð²õThis Practice Note covers the remedies available to landowners who find their property has been unlawfully occupied by a trespasser...
Return or forfeiture of a depositA buyer's right to the return of a deposit and the seller's right to forfeit the deposit in relation to a property...
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
Rectification—unilateral mistakeThis Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake,...
Quick guide to tenant remedies for landlord’s breach of leaseThis Practice Note gives brief details of the main remedies available to tenants to deal...
Disrepair which has arisen as a result of a breach of a tenant’s repairing and decorating obligations in a lease. The claim for damages for the breach can be interim (made during the term of a lease) or terminal (made at the end of a lease).
A business lease renewal, pursuant to LTA 1954.
The case of Mannai v Eagle Star [1997] 3 All ER 352, in which the House of Lords (as was) confirmed that a mistake in a contractual break notice was not fatal to its validity, as the reasonable recipient would not be misled by the error.