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Licences, tenancies at will and periodic tenancies Recovering possession Service occupancy and service tenancy

Latest Property Disputes News

Property Disputes weekly highlights—27 March 2025

Property Disputes weekly highlights—27 March 2025

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—27 March 2025

Built environment industry responses to the Spring Statement 2025

Built environment industry responses to the Spring Statement 2025
Spring Statement 2025—Key Construction and Planning announcements

Spring Statement 2025—Key Construction and Planning announcements
Upper Tribunal clarification on the statutory test for a ‘self-contained part of building’ in right to manage claims (The Courtyard RTM Co Ltd v Rockwell (FC103) Ltd)

Upper Tribunal clarification on the statutory test for a ‘self-contained part of building’ in right to manage claims (The Courtyard RTM Co Ltd v Rockwell (FC103) Ltd)

Upper Tribunal clarification on the statutory test for a ‘self-contained part of building’ in right to manage claims (The Courtyard RTM Co Ltd v Rockwell (FC103) Ltd)

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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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Produced in partnership with Christopher Snell of New Square Chambers
28th Mar

Popular documents

Periodic tenancies

Periodic tenanciesThis Practice Note sets out the nature of a periodic tenancy and the procedure and notice periods for terminating such a tenancy. It also covers the impact of the Landlord and Tenant Act 1954 and the distinction between a periodic tenancy and a tenancy at will.What is a periodic

Enforcing a judgment or order for possession of land

Enforcing a judgment or order for possession of landThis Practice Note considers the procedure for enforcing a judgment or order for possession of land. This can be either by High Court writ for possession or by County Court warrant for possession; with reference to CPR 83 and CPR PD 83.CPR 83

Where possession has been granted under a mandatory ground (such as section 8 possession proceedings) can

Where possession has been granted under a mandatory ground (such as section 8 possession proceedings) can a landlord ask for a suspended possession order whereby the order will not be enforced so long as arrears are paid and rent kept up to date? If so, and such order is then breached, can the

What notice would be required to be given to the owner of a static caravan, on a caravan site, where

What notice would be required to be given to the owner of a static caravan, on a caravan site, where there is no formal agreement? Would the site manager have to give a reason for not renewing the caravan licence?If there is a licence or contract in place under which a person is entitled to station