The following Property Disputes news provides comprehensive and up to date legal information on Determining the true and ancient limits—why boundary agreements always bind successors in title (White v Alder)
The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—17 April 2025
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on The treatment of principal secured debt under a mental health crisis moratorium (Seculink Ltd v Forbes)
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...
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’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Sharing possession and sharing occupation'Possession' and 'occupation' are not interchangeable expressions. A covenant in a lease that forbids parting with possession is not broken by a tenant who, in law, retains possession, even though the tenant allows another to use and occupy the
Incoming landlord’s liability for pre-existing breachesAs from completion, an incoming landlord is:•in the case of an ‘old’ tenancy (ie generally granted pre-1 January 1996): bound by all landlord covenants that have ‘reference to the subject matter’ of the lease, and •in the case of a ‘new’
Tenant’s remedies for unreasonable withholding of consent—assignment and underlettingThis Practice Note explains the remedies available to a tenant who has applied for consent to assign or underlet in circumstances where consent is not to be unreasonably withheld, and the landlord has unreasonably
Landlord’s remedies for assigning or underletting without consentFor guidance on the usual forms of covenant against assigning and underletting, and on whether consent has been reasonably withheld, see Practice Note: Landlord's consent to assign or underlet. If a breach has occurred, the following
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