Property Disputes training materials and How to guides

Property Disputes training materials

Our new starter guide provides an introduction to Property Disputes. It is aimed at trainee solicitors and those who are new to Property Disputes as a practice area. It focuses on the key topics and issues that arise in Property Disputes including:

•
security of tenure for business tenancies and residential tenancies, ie how security of tenure arises and how it is terminated;
•
exercising break clauses, including ensuring valid service of notices and compliance with any pre-conditions to exercising

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Latest Property Disputes News

Property Disputes weekly highlights—23 January 2025

This week's edition of Property Disputes weekly highlights includes: analysis on how to identify the correct operator for terminating an Electronic Communications Code agreement, the Ministry of Housing, Communities and Local Government’s publication of its updated guide on the Renters' Rights Bill, and a Court of Appeal decision clarifying section 7 of the Interpretation Act 1978 on service ‘by post’. It also includes a notable Privy Council decision confirming that a tenant may terminate a lease following a landlord's repudiatory breach, and an Upper Tribunal decision on the First-tier Tribunal’s power to conduct a review of its own decision.

Identifying the correct operator for terminating Electronic Communication Code agreements

Property Disputes analysis: Landowners need to carefully consider which is the relevant operator for the purposes of terminating agreements relating to electronic communications apparatus under the Electronic Communications Code (Code). In a decision applicable to Code wayleaves and licences entered into before 28 December 2017, the Upper Tribunal has held that, even if such an agreement has been assigned by the original operator party to another party, the original party may remain the relevant operator for the purposes of termination under part 5 of the Code, where it retains primary responsibility for performing the obligations in the agreement.

What are the FTT’s powers in conducting a review of its own decision? ((Waltham Forest LBC v Marble Properties (London) Ltd))

Local Government analysis: In this appeal the deputy president was asked to determine the circumstances in which the First-Tier Tribunal (FTT) may conduct a review of its own decision upon receipt of an application for permission to appeal, and the question whether the FTT may consider a challenge to policy in the context of an appeal against a penalty imposed in reliance on that policy. He held that a review may only be conducted insofar as the issue arises out of a point advanced by a party seeking permission to appeal, and, while not addressing the point head-on, that the FTT is not the appropriate forum in which to challenge policy. Written by Riccardo Calzavara, barrister at Cornerstone Barristers.

Landlord and tenant—repudiatory breach (Ramsbury Properties Ltd v Ocean View Construction Ltd)

Property Disputes analysis: The Privy Council have upheld a tenant's claim to terminate a lease following a landlord's repudiatory breach. While only technically persuasive as a precedent, this decision is of note, coming from judges at the highest level and expanding on previous authority. Written by David Jones, associate at Womble Bond Dickinson.

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