Enforcement and Remedies: Land and Buildings

A note on the survival of an interim rent application under the Landlord and Tenant Act 1954 when the claim for a business lease renewal or termination is discontinued.

This practice note addresses the circumstances in which vicarious liability arises, at common law and under statute. It also looks at the implications of vicarious liability, and the alternative bases for attributing liability where vicarious liability is not applicable.

A practice note on liability for damage caused by tree roots.

A practice note on: The use of closure orders for premises associated with persistent disorder or nuisance. The consequences for property owners and others with an interest in the affected premises.

A Practice note on the legal and drafting implications of the gap in time between the date of a transfer and the date of registration of the transfer at the Land Registry.

This Practice note summarises the procedure for taking control of goods in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007). The provisions in Schedule 12 are not yet in force. Section 25 of the Crime and Courts Act 2013 (CCA 2013) amends Schedule 12 to the TCEA 2007 with a view to Part 3 of the TCEA 2007 being brought into force but section 25 of the CCA 2013 is not yet in force. For more information on commencement of the TCEA 2007, see Legislation tracker note: Tribunals, Courts and Enforcement Act 2007 and Legal update, Crime and Courts Bill 2012-13 receives Royal Assent. The procedure in Schedule 12 may be used by a landlord under a lease of commercial premises to recover rent payable by the tenant. This power is known as commercial rent arrears recovery (see Practice note, Commercial rent arrears recovery). Although Schedule 12 sets out the framework for the procedure, much of the detail on how the procedure operates will be contained in regulations that are yet to be made. The Ministry of Justice intends to have draft regulations prepared by summer 2013.  

This practice note on restrictive covenants covers: The essential characteristics of a restrictive covenant. How to check whether a covenant is valid and enforceable. Various ways of dealing with existing covenants, including indemnity insurance and Lands Tribunal applications.  

This note explains what a rentcharge is, why rentcharges matter and how rentcharges are created, registered and transferred. This note includes a section on estate rentcharges and is part of a collection of notes on rentcharges, brought together in our Rentcharges toolkit.

Apportionment is a method of dividing up a rentcharge between different parts of the charged land. This note examines the different types of apportionment, which can be either legal, equitable or statutory. This note is part of a collection of notes on rentcharges, brought together in our Rentcharges toolkit.

A note on public path diversion orders made under section 119 of the Highways Act 1980.

A practice note on the issues to consider when drafting and negotiating deposit clauses in sale contracts.

This note provides an overview of the pre-action protocol for possession claims based on rent arrears predominantly dealt with in the county court.

The House of Lords, in Royal Bank of Scotland v Etridge (No 2), gave practical guidance for dealing with taking a guarantee from a person, where the relationship between the guarantor and the principal debtor is non-commercial. This note sets out that guidance, explaining the roles and relationship of the bank, the solicitor, and the guarantor.

This practice note summarises the perpetuity rules applicable to property transactions.  It looks at the new rules from 6 April 2010 and provides a reminder of the rules that apply to instruments which took effect before that date. 

A note that describes in detail how the Perpetuities and Accumulations Act 2009 changed the law when it came into force on 6 April 2010.  It explains how the changes affect new and existing wills and trusts in practice, including wills republished by codicil and trusts of pension death benefits.

A note on whether a charging order and an order for sale can be obtained against a property which the judgment debtor and a third party own as joint tenants.

A practice note on the tenant's right to compensation when the landlord successfully opposes the tenant's right to renew a business lease (section 37, Landlord and Tenant Act 1954).

A note on the landlord's ability to distrain for rent arrears if the tenant has failed to register the lease.

A note on high hedges complaints under the Anti-social Behaviour Act 2003, how to issue and enforce a hedge remedial notice and appealing to the Planning Inspectorate against a council's response.

This practice note provides a guide to writs of fieri facias and their effectiveness as an enforcement method and a summary of the practical and procedural steps involved. In the county courts, the equivalent to a writ of fi fa is called a warrant of execution. This note deals only with the procedure for writs of fi fa. There is some information on the procedure for warrants of execution on the HCMTS website. We anticipate that the law will change following the coming into force of the relevant parts of the Tribunal, Courts and Enforcement Act 2007. When those sections are in force, the detail of the note will be amended accordingly.

This practice note explains when an individual may claim damages in a judicial review challenging the lawfulness of a public body's action. It discusses the procedural issues that may arise in such a claim and the approach that the Administrative Court may take. Although there is currently no right in law to compensate indviduals who have sustained a loss because of the unlawful administrative actions of a public body, the note discusses the consultation proposals for reform that were put forward (but not pursued) by the Law Commission. 

A note on the law of contributory negligence and contribution. It sets out the general principles, the types of claim in which contributory negligence can be pleaded, and the requirements for a claim for contribution under the Civil Liability (Contribution) Act 1978.

A note setting out the principles of common law nuisance.

This practice note explains the effects of Part 3 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) on the law relating to recovery of commercial rent arrears. Part 3 of the TCEA 2007 replaces the remedy of distress with a new procedure for recovery of commercial rent arrears. The TCEA 2007 received Royal Assent on 19 July 2007. Part 3 is not yet in force. Section 25 of the Crime and Courts Act 2013 (CCA 2013) amends Schedule 12 to the TCEA 2007 with a view to Part 3 of the TCEA 2007 being brought into force but section 25 of the CCA 2013 is also not yet in force. For more information on commencement of the TCEA 2007, see Legislation tracker note: Tribunals, Courts and Enforcement Act 2007  and Legal update, Crime and Courts Bill 2012-13 receives Royal Assent. Although Schedule 12 sets out the framework for the procedure, much of the detail on how the procedure operates will be contained in regulations that are yet to be made. The Ministry of Justice intends to have draft regulations prepared by summer 2013.

A practice note discussing charging orders over land, how to protect them, priority issues and the effect of insolvency and other security on their enforceability.

A note on recovering possession from squatters who previously occupied a property, and have now returned.

A note setting out some practical steps parties should take when preparing for an appeal before the First-tier Tribunal (Information Rights) against a decision notice issued under the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004 (EIR) by the Information Commissioner.

This practice note explains the elements needed to establish adverse possession: factual possession and intention to possess. It also links to two practice notes on the procedure for claiming title to land by adverse possession: Adverse possession and the Land Registration Act 2002. This explains the regime for adverse possession in relation to registered land under the Land Registration Act 2002 (LRA 2002), which came into force on 13 October 2003. Adverse possession before the Land Registration Act 2002. This explains the regime for adverse possession as it used to apply to both registered and unregistered land, and which will continue to apply to unregistered land.   The law on adverse possession as it stood before the LRA 2002, continues to apply to registered land where the possession relied upon is for a period of at least 12 years ending before 13 October 2003.