Disputes and remedies

View Property Disputes by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

Charging orders over land Consumer rights and protection Contractual disputes Court proceedings First-tier Tribunal and Upper Tribunal Limitation Property negligence Remedies Settlement and settling disputes for property disputes lawyers Trusts of land

Latest Property Disputes News

Property Disputes weekly highlights—17 April 2025

Property Disputes weekly highlights—17 April 2025

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—17 April 2025

The treatment of principal secured debt under a mental health crisis moratorium (Seculink Ltd v Forbes)

The treatment of principal secured debt under a mental health crisis moratorium (Seculink Ltd v Forbes)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on The treatment of principal secured debt under a mental health crisis moratorium (Seculink Ltd v Forbes)

Property Disputes weekly highlights—10 April 2025

Property Disputes weekly highlights—10 April 2025

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—10 April 2025

Property vests in trustees in bankruptcy and court grants orders for possession and sale (Armstrong and another v Bhattacharya and another)

Property vests in trustees in bankruptcy and court grants orders for possession and sale (Armstrong and another v Bhattacharya and another)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Property vests in trustees in bankruptcy and court grants orders for possession and sale (Armstrong and another v Bhattacharya and another)

Featured Property Disputes content

Forfeiture of a lease

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 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?

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?

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?Whether...

Occupiers’ liability

Occupiers’ liability

Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?When...
Read More >
Produced in partnership with Kate Andrews of Hamlins
28th Mar
Practice notes

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...
Read More >
2nd Mar
Practice notes

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...
Read More >
2nd Mar
Practice notes

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...
Read More >
2nd Mar
Practice notes

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...
Read More >
1st Mar
Practice notes

Notice to complete

Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
Read More >
1st Mar
tag iconCOVID-19
Practice notes

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...
Read More >
Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
28th Mar
Practice notes

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...
Read More >
2nd Mar
Practice notes

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...
Read More >
1st Mar
Practice notes

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...
Read More >
1st Mar
Practice notes

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...
Read More >
2nd Mar
Practice notes

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...
Read More >
2nd Mar
Q&As

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?The Party Wall etc Act 1996 (PWA...
Read More >
Produced in partnership with Kevin Leigh of No 5 Chambers
2nd Mar
Practice notes

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...
Read More >
Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP
1st Mar
tag iconScottish Law
Q&As

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
28th Mar
Q&As

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in the event of default. Can the landlord elect to forfeit and then use the rent deposit to settle rent arrears after forfeiture?

A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in...
Read More >
Produced in partnership with Christopher Snell of New Square Chambers
28th Mar

Popular documents

Quick guide to common time limits for property disputes lawyers

Quick guide to common time limits for property disputes lawyersThis Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further information. It is not an exhaustive list of the deadlines that might apply to each

There are three parties to a contract (A, B, and C) with separate obligations. In the mistaken belief

There are three parties to a contract (A, B, and C) with separate obligations. In the mistaken belief that A had a release from B, A and C exchanged contracts. However, B had not signed the contract or released A. C has obligations in the contract to take actions with B under B’s obligations in the

In an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA

In an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), can the court make an order for 'partitioning' under TOLATA 1996, s 7? If so, what does partitioning mean? Can the claimant ask the court to divide the land comprised in the trust so that the

Negligence in property valuation

Negligence in property valuationThis Practice Note deals with the duty of care owed by valuers, and the extent of their liability to buyers, sellers and mortgagees for inaccurate valuations, including the margin of error permitted to valuers, the measure of damages, contributory negligence of