In this issue: Residential tenancies Key developments and horizon scanning Disputes and remedies Repairing obligations and dilapidations Enfranchisement and right to manage Trespass and adverse possession Contractual issues Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Residential tenancies Errors in section 21 possession procedure documents were not material (Hamer v Levy) In Hamer v Levy [2026] EWCA Civ 662, the Court of Appeal (Civil Division) allowed the appellant to seek permission to appeal, but nevertheless dismissed the appeal. She contested an order that had struck out her challenge to a District Judge’s possession order. The landlord had issued a section 21 notice to obtain possession of the property let under an assured shorthold tenancy. The Court...
The Master of the Rolls and the Minister of State for Justice have approved the 195th Practice Direction (PD) Update, expanding the reach of the Damages Claim Portal (DCP) in CPR PD 51ZB so that specified non-monetary claims-termed ‘Other Remedy Claims’-can be lodged online alongside a principal damages claim, provided both sides have legal representation, rather than relying on paper filing. It further includes within scope disputes concerning unfair relationships under the Consumer Credit Act 2006, extending the update’s application. This reform shifts matters presently dealt with on paper into a digital workflow to enhance efficiency, aligning connected remedies with the same online route as the main damages claim. The amendments take effect on 27 May 2026. The additional category spans three remedies: injunctions, declarations and rescission. Sources: The 195th Practice Direction Update 195th UPDATE – PRACTICE DIRECTION...
In this issue: Key developments and horizon scanning Repairing obligations and dilapidations Disputes and remedies Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Key developments and horizon scanning MHCLG publishes factsheet on implementation of the Renters’ Rights Act 2025 MHCLG has released a factsheet setting out how the Renters’ Rights Act 2025 (RRA 2025) will be rolled out for assured tenancies in social housing. From 1 May 2026, the reforms will extend to the private rented sector and to assured social housing tenancies where the landlord is not a Private Registered Provider (PRP). PRP social housing tenancies remain outside scope for now and are scheduled to be included from October 2027. In the...
Eskander v General Medical Council [2026] EWCA Civ 372 What was the background Dr Amy Eskander appealed to the Court of Appeal against an order of Mr Justice Mansfield in the Administrative Court, which had struck out her statutory appeal challenging a Medical Practitioners Tribunal decision under section 40 of the Medical Act 1983 (MeA 1983). The Tribunal had ordered a 12-month suspension. Section 40(4) MeA 1983 required any appeal to be lodged within 28 days of notification. She emailed her appellant’s notice to the Administrative Court Office on the final day, but the requisite fee was paid only after the cut-off. Mansfield J concluded the appeal was out of time because the notice was not filed with the fee, as mandated by CPR PD 52B, para 4.1, applying prior authority such as Gupta v GMC [2020] EWHC 38 (Admin) and Rakoczy v GMC [2022] EWHC 890...
This Overview outlines how landlord and tenant repairing duties may arise and what they entail. It also covers remedies for interim and terminal dilapidations, as well as obligations to reinstate alterations.
A landlord’s repair responsibilities exist only where the tenancy contains express provisions, subject to limited exceptions. These include keeping any retained premises in a condition that does not cause damage to the tenant, and covenants implied by statute for residential tenancies. For more detail, see Practice Notes: Landlord and tenant implied repairing obligations and the doctrine of waste; and Residential tenancies-landlord’s implied covenant of fitness for human habitation and statutory obligation to repair.
Similarly, absent an express covenant, the tenant’s repair duties are limited, such as avoiding waste and the implied obligation to use the premises in a tenant-like manner. For more information, see Practice Note: Landlord and tenant implied repairing obligations and the doctrine of waste.
The scope of an express repairing covenant is determined by construing the lease terms, including the precise definition...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...