The High Court has determined that reference to ss122 & 123 of the Insolvency Act 1986 in a forfeiture clause requires a court determination that the tenant company is insolvent before the landlord is able to exercise its right of re-entry. As no determination had been made, the landlord’s attempt to forfeit was unlawful.
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Property Law Library
This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.
The Property Law Library is continually updated from the monthly updates.
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Exploring the Validity of Notices in Property Law
The case is required reading for all property lawyers, dealing as it does with service of notices at common law, under contracts and under the Interpretation Act 1978. It also grapples with the question of what is a “notice”?
“No Business Use” Doesn’t Always Prevent Some “Business Use”
A Practical Guide to the Law of Parking in Great Britain
Public and Private Right of Ways and the Ownership of Roads
This case centres around whether the owners of a bungalow could obtain vehicular access over the neighbouring farm, as there had been no right of way reserved over the grounds of Woodside Bungalow. With the first solicitor's letter in relation to this litigation being written in October 1960, the first proceedings failed to establish such rights and were concluded, after an appeal to the Court of Appeal in 1979, with the grant of an injunction against the then owner of the bungalow preventing him from using part of the track that led through the farm’s farmyard. The second set of proceedings brought were struck out as a result of abuse of process. The proceedings at the centre of this article were initially commenced in 2011 by the Claimant, who was seeking to prevent the current owner of the bungalow from using a different part of the track.
read moreRent Review Dispute Resolution – Part 2
Conveyancing
The court considered some of the difficult issues that arise in an application for summary judgment in a claim for damages for professional negligence against solicitors for paying away completion monies and failing to facilitate registration at HM Land Registry.
read moreMortgage Possession Proceedings
Commercial Property
Ian Quayle considers an unusual professional negligence case involving a joint venture where a very basic error led to a significant claim.
It is important to verify who the client is and what the status of the client is when dealing with joint ventures. This case reveals how a simple mistake can have drastic consequences for all concerned.
read moreBoundary Disputes
Ian Quayle discusses another boundary case that came before the Central London County Court which highlights the dangers of incorrect boundary identification, and the high risks associated with litigation concerning litigating boundary disputes.
When acting in a residential or commercial property transaction involving the division of an existing plot, be careful to ensure the boundary is adequately described and that any plans used are accurate.
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