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
Property Disputes analysis: In Kerr v Poplar HARCA [2024] EWCA Civ 120, the Court of Appeal considered whether the court had jurisdiction to vary a...
The Law Commission has launched a consultation to examine how the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954...
The Right Honourable Sir Keith Lindblom, Senior President of Tribunals, has published his 2024 annual report, highlighting a busy year for the...
This week's edition of Property Disputes weekly highlights includes: Court of Appeal cases on rent repayment orders and adverse possession, High Court...
The Welsh Government has announced updates to building safety reforms in Wales, including progress to reform the design, construction, and occupation...
Latest Property Disputes Practice Notes
Derogation from grant and the covenant for quiet enjoymentThe rule against derogation from grant applies in addition to any obligation of quiet...
Trespassers—possession proceedingsThis Practice Note covers the procedure to recover possession from trespassers who entered premises as trespassers...
Drafting notes for claim form N5B Wales—accelerated possession proceedingsThese drafting notes are to be used to complete claim form N5B Wales where a...
Repudiation of property sale contractsRepudiation of a contract occurs where one party communicates to the other (through words or conduct) that they...
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
Latest Property Disputes Precedents
Notice to Former Tenant or Guarantor of Intention to Recover Fixed Charge (Landlord and Tenant (Covenants) Act 1995, Section 17)Notice to Former...
Reversioner’s notice requiring evidence of tenant’s right to participate—flat collective enfranchisement (LRHUDA 1993)LEASEHOLD REFORM, HOUSING AND...
Reversioner’s counter-noticeCOUNTER-NOTICELeasehold Reform, Housing and Urban Development Act 1993, s 21In connection with the property known as...
Notice of default—house enfranchisement and lease extension claims (LRA 1967)LEASEHOLD REFORM ACT 1967Leasehold Reform (Enfranchisement and Extension)...
Authorised guarantee agreementDate: [date]Parties1[name of Landlord] [of OR incorporated in England and Wales (company registration number [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
Dilapidations
Disrepair which has arisen as a result of a breach of a tenant’s repairing and decorating obligations in a lease. The claim for damages for the breach can be interim (made during the term of a lease) or terminal (made at the end of a lease).
Electronic Communications Code
The Electronic Communications Code, inserted into the Communications Act 2003, Schedule 3A, by the Digital Economy act 2017. A code right is granted in relation to an operator and any land, for the statutory purposes of providing an operator's network/infrastructure system, and for activities set out in the code.
Peaceable reentry
A method of forfeiture where the landlord physically re-enters the premises by manifesting its intention to forfeit the lease, usually by changing the locks.
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