About Property Disputes Law
Lexis+ Property Disputes helps you to understand property disputes practice and procedures and the implications of legislation and case law on this. Clear, concise practice notes have direct links to relevant cases, legislation, guidance and commentary and our daily news feeds and weekly highlights keep you informed of new cases, legislation, and commentary.
Business tendencies
Security of tenure for business tenancies under the Landlord and Tenant Act 1954 is a key area for a property litigator. Get the research and tools to advise on how security arises and how it’s terminated, daily.
Forfeiture
Guidance covers the procedural and practical considerations prior to and throughout the process of forfeiting a lease. We give detailed guidance, linking deeper commentary, forms, precedents and a wide range of Q&As.
Electronic Communication Code
Guidance to secure rights to install and retain equipment to provide electronic communications services. Code issues, in respect of granting and terminating agreements, frequently arise between landowners and operators.
Property disputes
Understand practice and procedures, the implications of legislation and case law. Our notes have direct links to relevant cases, legislation, guidance and commentary. Get daily news feeds and weekly highlights.
Topics We Cover
Latest Property Disputes News
This week's edition of Property Disputes weekly highlights includes: a Privy Council decision confirming that leases can be terminated for repudiatory...
Property Disputes analysis: the Court of Appeal addressed whether tenancy fees can amount to prohibited payments under the Tenant Fees Act 2019 (TFA...
This week's edition of Property Disputes weekly highlights includes: a High Court decision granting a final injunction against protestors, Upper...
Property Disputes analysis: These appeals (heard together) concerned two applications for rent repayment orders against landlords who had each been...
The Ministry of Justice (MoJ) has concluded its consultation on the proposal to include the names of claimants on the Register of Judgments, Orders...
Latest Property Disputes Practice Notes
Costs orders—the court's discretionThis Practice Note looks at the court’s discretion to deal with costs under the Senior Courts Act 1981 (SCA 1981)...
Statements of truthThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
Mediation—advantages and disadvantagesThis Practice Note sets out the key differences between, and likely advantages and disadvantages of, the...
Taking a guarantee or third party security from an individual—undue influenceGuarantees (see Practice Note: Guarantees) and third party security (see...
Brexit timelineOn 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29...
Latest Property Disputes Precedents
Statutory Declaration to exclude Part II Landlord and Tenant Act 1954 (guarantor)EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR...
Notice that sections 24 to 28 of the Landlord and Tenant Act 1954 are not to apply to a business tenancy—(landlord’s warning notice) (guarantor)To:...
Simple declaration (agreement to surrender a business tenancy)I [name of declarant] of [address] declare that—1[I have OR [name of tenant] has] a...
Licence to occupyDate [date]Parties1[name of Licensor] [of OR incorporated in England and Wales with company registration number [number] whose...
Rent Review MemorandumRent Review MemorandumLandlord•[full name of Landlord] [of OR incorporated in England and Wales with company registration number...
Latest Property Disputes Q&As
Featured Property Disputes content
Forfeiture of a lease
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 agreements
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?
Occupiers’ liability
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?
Mortgagee in possession
Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
Rectification—mutual mistake
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Claims for use and occupation, mesne profits, double rent and double value
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
Order for sale—next steps after obtaining an order for sale
Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale...
Notice to complete
Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
Private nuisance—general principles
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It normally...
Successors in title—leases
Successors in title—leasesThe meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of...
Surrender by operation of law
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
What happens to an underlease on termination of the lease?
What happens to an underlease on termination of the lease?The general common law principle is that when a lease comes to an end any underlease...
Estoppel and property law
Estoppel and property lawThis Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of...
Release from landlord's covenants—LT(C)A 1995
Release from landlord's covenants—LT(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...
Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?
Breach of Missives—remedies in Scotland
Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
Associated legal terms
Mannai
The case of Mannai v Eagle Star [1997] 3 All ER 352, in which the House of Lords (as was) confirmed that a mistake in a contractual break notice was not fatal to its validity, as the reasonable recipient would not be misled by the error.
Section 146 notice
A notice served pursuant to section 146 of the Law of Property Act 1925, which is a required precursor to forfeiture in respect of breaches other than non-payment of rent.
Torts Notice
Notice served pursuant to the Torts (Interference with Goods) Act 1977, where goods have been left behind at lease expiry (commonly following forfeiture). It imposes an obligation on a former tenant to collect the goods and allows the landlord to sell the goods, if the tenant fails to do so.
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