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Property Law Library
2022 Round-up
Client-Focused Technology Development
Digital Marketing Trends
Rent review
Residential Lease Conveyancing in 2022
Ask The Expert
Ask the Expert - April 2024
Ask The Expert - August
Ask the Expert - February
Ask the Expert - January 2024
Ask The Expert - March
Ask the Expert - March 2024
Ask The Expert - November
Ask The Expert - October
Ask the Expert - September
Ask the Expert April
Ask The Expert February
Ask The Expert January
Ask The Expert May
Boundaries and Adverse Possession
Adverse Possession
Acknowledgement of title
Adverse possession and Pye v Graham
Consent
Criminal offence
Estoppel
Healey v Fraine [2023] EWCA Civ 549
Highways
Human rights
Land Registration Act 2002
Milton Keynes Council v Wilsher and another [2022] EWHC 578 (QB)
Other miscellaneous points on adverse possession
Rowlands and another v Bishop and another
Boundaries
Weaver v Smith [2023] EWHC 1200 (Ch)
Highway Boundaries and Property Transactions
Highway Boundaries and Property Transactions
Adverse Possession
Adverse possession
Boundary agreements
Deeds, plans and boundary features
Experts
Practical Tips for Boundary Problems
Presumptions
T-marks
Tidal waters
Trees and hedges
Building Business
30 Years Ago, Doing Business Changed Forever
Websites and How to Attract Conveyancing Clients
Building Safety Act 2022
2-4 Leigham Court Road
A Surveyor’s Perspective on the Building Safety Act
Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC)
All Change! Landlord Certificate and Leaseholder Deed of Certificate
BSA 2022 - Property Transaction Forms
BSA 2022 – The Law Society Guidance
Building Safety Act - Case Chasers
Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act
Certification Requirements and Conveyancing: Dealing with the Blunt End of the Building Safety Act - Part 1
Cladding Remediation and Related Costs Recovery – A New Case in the FTT
Demystifying The Building Safety Act 2022: 45 Essential Questions Answered
Leasehold Flats - The 11m Height Rule
Leaseholder Causes of Action: Key Points for Busy Practitioners
Limitations on Recovery of Remediation Costs Through the Service Charge: Schedule 8
Litigating Remediation Contribution Orders
Loophole in the BSA closed by the Levelling Up & Regeneration Act 2023
Making an Application for a Remediation Contribution Order (RCO)
PII vs Conveyancing and the Building Safety Act 2022
Qualifying Leases: Before You Buy
Remediation Order - BSA 2022
The BSA – Faulty Workmanship?
The Building Safety Act – Early Reflections
Western Beach Apartment v Leaseholders: Fire Safety, Lease Variations and Remedies Under the Building Safety Act
Business Lease Renewal
Business Lease Renewal - Case Chasers
Compensation
Contracting out
COVID and Rent Review
Does the Act apply?
Easements on renewal
Electronic Communications Code
Green Lease Terms
Ground (b)
Ground (c)
Ground (f)
Ground (g)
Insolvency of landlord
Intention to Occupy
New lease terms (other than rent and duration)
Obligation to Pay Lease Rent
Registration of claim
Rent and duration
Section 25 notices
Section 26 requests
Surrender
Turnover Rents
Climate Risk
Climate Change and Conveyancers
Setting the Standard: Climate Risk Insights for Property Transactions
Co-ownership and Estoppel
Proprietary Estoppel
Assurance and reliance - Thorner
Free Acceptance – Still a Basis for Unjust Enrichment?
Partnership Dissolution & Proprietary Estoppel
Proprietary Estoppel Based On A Non-Binding
Williams v Williams and ors [2022] EWHC 1717 (Ch) 
Yeomans Row v Cobbe
Equitable accounting
Free Acceptance – Still a Basis for Unjust Enrichment?
Laches and estoppel
Legal and beneficial ownership
Orders for sale
Pallant v Morgan
Partnership
Proprietary estoppel
Quistclose trust
Satisfying the equity
Commercial Property
A Successful Unjust Enrichment Claim in a Farming Family Context
Commercial Leases – Appeal Against Order for Possession
Commercial Property
Document Drafts, Disputes and Overage
Issues on Your PII Underwriter’s Radar for 2024
Overage
Overage
Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2023] EWCA Civ 482  
Profits a Prendre - An Overview
Reform of the Landlord and Tenant Act 1954
The Interaction Between Commercial Property Contracts and Planning
Compliance
Challenges Linked to Funds From China
How frequently should you refresh ID?
Conveyancing Quality Scheme
Assessments
Key questions concerning the new CQS scheme
SRA Guidance on Leasehold Transactions
Defective Title Insurance
Boundary Issues
Introducer or Intermediary?
Easements
Right to light
Damages
Excluding the right
Injunction?
Abandonment
Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] and Restrictive Covenants
Bucknell v Alchemy Estates (Holywell) Ltd [2023] EWHC 683 (Ch)
Construing rights of way
Easements – Rights of Way
Extent of grant
Extinguisment
Fencing
Gardens
Implied and s62
Increasing the burden
Parking and mooring
Permission Stops Prescriptive Rights
Prescription
Pumps, Power & Positive Obligations?
Repair to right of way
Sporting and recreational rights
Substantial interference
Electronic Communication Code
Interim Rights of Access for Operators under the Electronic Communications Code
Property Litigation – The Electronic Communications Code (the Code)
Environment
Climate Risks in Property Conveyancing
How Solicitors Can Step Into the Era of Climate Risk Advice With Confidence
Interview with Dr Timothy Farewell, Head of Science, Dye & Durham UK
Soil Subsidence Due Diligence: Today and Tomorrow
The General Binding Rules – 9 Years On!
The New Biodiversity Net Gain Rules and Property Development
Highways
Defective Manholes
Highways maintainable at public expense: what are they, and how do you identify them? PART 1
HM Land Registry
HM Land Registry Practice Guides
HM Land Registry Wins Acclaimed Programme of the Year Award
Testing Our Approach to Faster, Sustainable Services
The Local Land Charges Register at five – Q&A with Allison Bradbury 
Landlord and Tenant (General)
Address for Service
Break Clauses
Material compliance and breaches
Notices
Repayment of rent
Vacant possession
Commercial Leases
Implied periodic tenancy
Rent Review
Commercial Property Rent Review
Commercial property rent review
Commercial Property Rent Review
How To Do a Rent Review - Part 1
How To Do a Rent Review - Part 7
How To Do a Rent Review - Part 9
How To Do a Rent Review – Part 10 (Agreement)
How To Do a Rent Review – Part 11
How To Do a Rent Review – Part 2
How To Do a Rent Review – Part 5
How To Do a Rent Review – Part 6
"Forfeiture of Leases"
Bank of New York Mellon (International) Ltd v Cine-UK Ltd & London Trocadero (2015) LLP v Picturehouse Cinemas Ltd
Coldunell Ltd v Hotel Management International Ltd
Commercial Leases – Appeal Against Order for Possession
Commercial Leases – Rent Arrears
Commercial property rent review
Commercial Property Rent Review
Commercial Rent (Coronavirus) Act
Landlord and Tenant Act 1954, Part 2
Law Commission to Review Landlord and Tenant Act 1954, Part 2
Lease Renewal Terms and Landlord’s Break Right
Leasehold Service Charges
Notice To Quit Oral Periodic Tenancy
Now It’s Seller Beware!
OG Thomas Amaethyddiaeth Cyf v Turner 2022 EWCA Civ 1446
Opposing Renewal Under s30(1)(f)
Option To Call for New Lease Terminated for Breach
Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2023] EWCA Civ 482  
Rent arrears; Commercial Rent (Coronavirus) Act 2022
Valid Tenancy Agreements
Valley View Health Centre (a firm) and others v NHS Property Services Ltd [2022] EWHC 1393 (Ch)
When is it Justifiable for a Landlord to Withhold Consent for Alterations?
Complex Ownership Structures
Is my HA my landlord? And does it matter
Is My HA My landlord? Checklist PART 3
Is My HA My Landlord? Part 2: Pitfalls
Consents
Alterations
Change of use
Conditions
Landlord's response
Reasonable refusal
Tenant's request
Underletting
Contract
Aslam v Rehman [2022] UKUT 251 (LC)
Contract – contract formation
Dilapidations
Breach
Damages and s18 cap
Double Value claim
Landlord's obligation
Miscellaneous
Miscellaneous
Schedules and notices
Forfeiture
Other cases
Overlapping demise
Registration gap
Relief
Rent claims
Section 146 notices
Settlement and discontinuance
Surrender by agreement (conditional)
Unlawful forfeiture
Waiver
Ground Rents
Stampfer v Avon Ground Rents Ltd [2022 EWCA Civ 1375
How to Do a Lease Renewal
How To Do a Lease Renewal – Part 1
How To Do a Lease Renewal – Part 2
How To Do a Lease Renewal – Part 3
How To Do a Lease Renewal – Part 4
Landlord and Tenant Act 1987
Landlord and Tenant Act 1987, Part I
Lease Extensions
Lease Renewal Terms: Landlord's Brake Right
Landlord and Tenant Act 1954, Part II - B&M Retail Ltd v HSBC Pension Trust (UK) Ltd
Landlord and Tenant Act 1954, Part II - BMW (UK) Ltd v K Group Holdings Ltd
Notices to Quit
Landlord and tenant; Notices to quit
Opposing renewal: grounds (a) (b) (c)
Landlord and Tenant Act 1954, Part II - Gill v Lees News Ltd
Rent Review
Arbitration
Commercial property rent review
Construction
How To Do a Rent Review - Part 4
How To Do a Rent Review – Part 3
How To Do a Rent Review – Part 8
Presumption of reality
Rent review notices
Time of essence
Residential Leasehold Management
FTT Finds That VAT on Staff Costs Are Reasonably Incurred
How Does the Registration Gap Impact on the Obligation on the Landlord to Consult?
RTM Companies Are Entitled To Apply for a s.168(4) Determination in the FTT
Residential Leases
Applications for First Registration and the Registration Gap
Issues with Shared Ownership
Landlord and Tenant, Validity of Notices
Lease Extension tips for Conveyancers
Lease User Clause
Modifying Lease Terms in Response to Fire Safety Issues
Prescott Place Freeholders Ltd & Ors v Batin & Donovan
Residential Long Leases
Service Charges
The Right to Manage
Residential Tenancies
Anti-Social Behaviour
Committal
Injunctions under 1996 Act
Possession orders
Disrepair Claims
Costs in disrepair cases
Damages for disrepair
Defective Premises Act
Flexible tenancies
Liability of landlord
Notice of disrepair - s11
Anti-social behaviour
Assured shortholds - s21 notices
Assured tenancies
Boats
Building Safety
Demise
Disrepair claims
Electrical safety standards
Ground Rents
Introductory tenancies
Licences
Limitation Periods
Notice to quit
Proceeds of crime
Rent Act 1977
Right to buy
Right to Manage
Secure tenancies
Solicitors Practice Points
Tenant Fees Act
Tenant's notice to quit
The Renters Reform Bill
Unlawful eviction
security of tenure and estoppel 
Service charges; Insurance 
Assethold Limited v Hoye and Fox [2022] UKUT 173 (LC)
Assethold Ltd v Adam [2022] UKUT 282 (LC)  
Mayor and Burgesses of the Tower Hamlets London Borough Council v Khan [2022] EWCA Civ 831 
Service Charges
Tenants’ Pre-emption Rights; s5 Notices; Principal Terms & Severance
Landlord and Tenant Act 1987, Part I
The Leasehold Reform (Ground Rent) Act 2022
The Leasehold Reform (Ground Rent) Act 2022
The Renting Homes (WALES) ACT 2016
The Renting Homes (WALES) ACT 2016
Assignment
Bank of New York Mellon (International) Ltd v Cine-UK Ltd & London Trocadero (2015) LLP v Picturehouse Cinemas Ltd
Break clauses
Chattels and fixtures
Coldunell Ltd v Hotel Management International Ltd
Commercial Rent (Coronavirus) Act
Commercial Rent (Coronavirus) Act 2022
Consents
Construction of lease terms
Dilapidations
Disclaimer
Forfeiture
Free Acceptance – Still a Basis for Unjust Enrichment?
Frustration of lease
Goods left on the premises
Ground Rents
Insolvency
L & T (Covenants) Act 1995
Landlord and Tenant, Validity of Notices
Landlord and Tenant; Address for Service
Landlord and tenant; Notices to quit
Landlord’s Consent to Alterations
Lease or licence?
Legal Costs and Service Charges
Llangewydd Court Ground Rent Estate v Ralph [2021] UKUT 251 (LC)
Merger
Mutual enforceability of covenants
Notices - service
Nuisance
Penalty clauses
Rent
Rent review
Residential Leaseholds - The big picture
Residential Leases- Vectis Property Company Ltd v Cambrai Court Management Company Ltd [2022] UTUK 42 (LC) - Katie Grey, Richard Alford, Edward Blakeney and Robyn Cunningham
Restraint of trade
Service charges and insurance (general)
Set-off
Subletting, sharing possession or occupation
Surrender by operation of law
Tenancy at will
Turnover Leases
Uncertain term
Unlawful eviction
Legal Costs
Fixed Recoverable Costs
The Recovery of Legal Costs
Legal Recruitment
Becoming a Conveyancing Technician: An Exciting Step into Conveyancing
Property Law and Progressing your Career
Rampling Clarke – The Professional Recruitment Company
Recruitment and Training
Legal Technology
CASE STUDY: Mishcon de Reya
Challenges in Integrating Technologies: The Adoption of Tech in Law Firms
Conveyancing technology … what next?
Cost of Living Crisis: What Does It Mean for Property Lawyers?
Crypto Conveyancing
Data Due Diligence When It Matters
Digital by default 
Elevating Client Satisfaction with State-of-the-Art Lawtech Solutions
Embracing Change: Celebrating National Conveyancing Week
Fenland District Council’s First Year on the Register
From Intake to Invoice: How to Extract Full Value from Your Legal Tech Investments
How frequently should you refresh ID?
How To Extract Full Value from Your Legal Tech
JMW Mitigates Cyber Fraud Risk with Dye & Durham’s Lawyer Checker 
Making Electronic Signatures and Digital Identity Easier To Use
Mitigating the Risk of Cyber Fraud
New Digital Property Market Steering Group Formed to Drive Crucial Digital Transformation in the Land and Property Market
The Impact of New Technologies on Lawyers and Law Firms
UK Pulse Report - Dye & Durham
What Does It Mean ‘To Be in Business’ in 2023?
When Does a Despised Template Become a Useful Precedent?
Why Lawtech Will Save Us
Long Leases
Enfranchisement
Development Value and Enfranchisement
Dwelling?
Forfeiture - s168
House?
Insurance
Notices
Terms of the transfer
Unfair contract terms
Valuation
Aviva Investors’ Ground Rents v Williams
Enfranchisement
Insurance and Repairing Covenants
Manager under 1987 Act
Mobile homes and caravans
Navigating Section 35: First Tier Tribunal's Role in Rectifying Residential Lease Defects
Right of first refusal
Right to manage
Service and administration charges
Variation of lease terms
Miscellaneous
Property Boundaries and Cartography
Property Boundaries and Cartography
Additional Enquiries
Civil and Tribunal procedure
Electric Charging Points
Execution by companies
Guarantees and indemnities
Licenced Conveyancer Training
Meet the Authors
North Yorkshire Gets Instant Access to Local Land Charges
Register of Overseas Entities
Mobile Homes and Caravans
Mortgages
Company Charges
Company Charges
Debt Respite Scheme
Lees v Kaye and Dixon
Mortgage Enforcement
Mortgage Enforcement 
Mortgage Possession
Assignee of charge
Costs
Counterclaim and set-off
CPR 55 Mortgage Possession Hearing
Discrimination defences
Mortgage Possession Claims
Mortgage Possession Proceedings
Possession claims
Receivers
Redemption
Time to sell
Mortgages and Insolvency
Standard Breathing Space and Mental Health Crisis Breathing Space Moratoria
Mortgages and Regulatory Compliance
Mortgages and Regulatory Compliance
Regulatory Compliance
Statutory and Regulatory Compliance
Undue Influence
Undue Influence
Undue Influence
Charging Orders and Orders for Sale
County Court Mortgage Possession Proceedings
Damages
Debt Respite
Exoneration
Facility agreement
Forgery
Interest
Interest-Only Mortgage
Limitation and shortfall
Loan Agreements
Marshalling
Miscellaneous Provisions
Mortgage Debt, Bankruptcy, and the Value of Security
Mortgage Litigation
Mortgage of Lease
Mortgage possession
Mortgages
Mortgages - Arthistory Ltd v Campbell [2022] EWHC 848 (Ch)
Mortgages - Mistaken Discharge
Negligence and loans
R (on the application of Mortgage Agency Services Number Five Ltd) v Financial Ombudsman Service Ltd
S 36 of the Administration of Justice Act 1970
Statutory and Regulatory Compliance
Subrogation
Summers v TSB Bank Plc
Tenants of mortgagees
Undue influence
Unregulated Mortgages
New Build Property
New Builds
Nuisance and Trespass
Damages - account of profits
Defects in neighbouring property
Defences
Fire
Japanese Knotweed
Occupation by licensee
Overlooking
Self-help
Trees
Trespass
Water
Planning
Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL)
Environment Act 2021
The Environment ACT 2021 – Why bother now?
Rights to Light in Neighbour Disputes
Not in YOUR Backyard! Rights to Light in Neighbour Disputes
Change of use
Children
Compensation
Compulsory purchase
Conditions
Deceit
Development plans
Environmental
Green Belt
Party walls
Permission
Planning Authorities and the Avoidance of "Fleeceholding"
Planning Obligations: Some Pitfalls for Residential Conveyancers.
Policy
Shutting The Door On Working From Home?
Statutory Declarations and Certificates of Lawfulness
Stranger than fiction
The Environment ACT 2021 – Why bother now?
Possession Claims
Human Rights Act Defences
Weaver
Appeals
Bankruptcy
Cause of action estoppel
Discrimination defences
Homeless persons
Notice and Possession Claims
Protection from Eviction Act
Public Sector Equality Duty
Setting aside orders and warrants
Suspending warrants
Trespassers
Warrants
Property Litigation
Applications and Strategies
Compromise
Damages in lieu of injunction
Declaration
Dell v 89 Holland Park Limited [2022] UKUT 169(LC)
Highways maintainable at public expense: what are they, and how do you identify them? PART 1
Illegality and Mortgage Fraud
Injunctions In Property Litigation
Nuisance
Occupation Rents
Property litigation
Property Litigation & ADR
Property Litigation: Fattal v Fattal [2022] EHWC 950 (Ch)
Tomlin orders
Tribunal jurisdiction and procedure
Without prejudice
Property Transactions
Scoping the Retainer
Scoping the retainer, a new case but an old problem
SDLT
Reform of SDLT
A Recent Case Explores the Issue of Constructive Trusts
Charities
Completion
Contract
Deposits
Estate Rentcharges
Fixtures
Fixtures and Fittings
Forgery
Fraud
Gosling and Others v Bradbury and Another [2023] EWHC 199 (Ch)
Land Registration Reform
Misrepresentation and answers to enquiries
Negligence – Duty of Care Owed to Non-Client
Options
Perpetuities
Planning obligations
Positive covenants
Pressures Faced by Conveyancers
Reasonable endeavours
Rectification of register
Registration
Regulatory Requirements for Overseas Entities
Rent charges
Risk vs No Reward – The Pitfalls of Stamp Duty for Lawyers
Spire Property Development LLP v Withers LLP [2022] EWCA Civ 970
Title
Vendor's lien
Williams v Williams and Others
Writing - s2 of 1989 Act
Public Access to Land
Town and Village Greens
Human rights
Relationship to planning
Commons
Right to roam
Town and village greens
Publications
BUILDING SAFETY ACT 2022, 1st edition
Business Premises: Possession & Lease Renewal – 7th Edition
Law Society Publications
Publications
The Regeneration of Brownfield Sites
Residential Conveyancing
Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] and Restrictive Covenants
Beneficial Interests of Cohabitees – An End to the “Never Ending Story”?
Climate Change Guidance
Could Becoming a Self-Employed Consultant Be the Answer to Your Career Conundrum?
Enquiries
HM Land Registry Practice Guides
HM Land Registry Practice Guides
Japanese Knotweed--Insure or Litigate?
Lost or Missing Title Deeds
Misrepresentation Claim in Online Property Sale
Negligent Conveyancing – The 10 Most Common Errors
New Builds and The Developers Pledge
Residential Conveyancing A Year in Review
Restrictions
Rosser v Pacifico Ltd [2023] EWHC 1018 (Ch); [2023] PLSCS 8 
Rowlands and another v Bishop and another
Search Delays Could Be Costly for Your Client
Shill Properties Ltd v Bunch
The Jurisdiction of the Party Wall Surveyor
The Limits of Undue Influence & Unconscionable Bargains
Residential Leasehold Tenants Rights of First Refusal
Stan Gallagher Successful in an Important RTM Decision
Restrictive Covenants
Annexation - Bath Rugby Ltd
Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor [2023] UKSC 6
Benefit of covenants
Breaching a Covenant in Real Estate Developments
Burden
CAMMIADE, Re: 1 Acacia Grove [2023] UKUT 96 (LC) 
Consent to development
Enforcing covenants
Freehold Restrictive Covenants: Tips and Pitfalls for Conveyancers
Hodgson v Cook & Anr [2023] UKUT 41 (LC)
Interpretation - breach
Livett v Hennings [2022] UKUT 325 (LC).
Modification and discharge
Modification or Discharge of a Restrictive Covenant 
Naidu & Anor v Morton & Ors [2023] UKUT 185 (LC) (01 August 2023)
Restrictive Covenants
Restrictive Covenants
Restrictive Covenants
Restrictive Covenants
Restrictive Covenants
Restrictive Covenants – principles of construction
Restrictive Covenants and General Release Provisions in Conveyances
Section 84 of the Law of Property Act 1925
Sutton v Baines & Anor [2022] UKUT 342 (LC)
Variation under s610 of 1985 Act
Rights of Way
Banks and another v Blount [2022] EWHC 1491 (QB)
Is Your Right of Way Sufficient?
Shared Ownership
2021 Shared Ownership Model Lease
Transactional Issues
Standard Breathing Space and Mental Health Crisis Breathing Space Moratoria
Transactions
Batish & Ors v Inspired Sutton Limited & Ors
Building Safety Act Q&A
Dissolution, Escheat & Vesting Orders
Ask the Expert - February
February 2024
Issues on Your PII Underwriter’s Radar for 2024
January 2024

Mortgage Debt, Bankruptcy, and the Value of Security

Mortgages

Nigel Clayton considers the recent decision in EFG Private Bank Ltd v Babaee, a case which concerned bankruptcy proceedings initiated by a mortgage lender against a borrower who defaulted on a loan secured by a legal mortgage.    Case Name, Reference and BAILII link  EFG Private Bank Ltd v Babaee (Re Insolvency Act 1986) [2024] EWHC 444 (Ch) (01 March 2024)  http://www.bailii.org/ew/cases/EWHC/Ch/2024/444.html    Summary  This case considers the way in which the ICC deals with a bankruptcy petition presented by…

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