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: the grant of permission to apply for judicial review in relation to the Leasehold...
Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 7 February 2025 (conducted in a hybrid format at The Rolls Building...
Dispute Resolution analysis: This is a lengthy and detailed judgment by a judge with significant experience of injunctions against named protesters,...
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision that trespass is concerned with interference with...
The Master of the Rolls, Sir Geoffrey Vos, has delivered a speech at the LawtechUK conference on three new UK Jurisdiction Taskforce (UKJT) projects....
Latest Property Disputes Practice Notes
The Upper Tribunal (Lands Chamber)—practice and procedureThis Practice Note covers the practice and procedure for property-related claims in the Upper...
The First-tier Tribunal (Property Chamber)—practice and procedureThe Tribunals systemThe Tribunals system is a dispute resolution service which...
Keep open clauses in Scotland—drafting and enforcementThis Practice Note considers keep open clauses in Scottish commercial leases. It outlines what a...
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
Japanese knotweed—legal frameworkJapanese knotweed locationsJapanese knotweed can be found almost all over the country. It can readily grow in...
Latest Property Disputes Precedents
Deed of release and substitution of Tenant’s guarantordate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales (company...
Deed of surrenderDate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose...
Tenancy at willDate [date]Parties1[name] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is...
Particulars of claim—contractual debt claimclaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
Draft Settlement agreement—for settling disputes post-commencement of proceedingsThis Agreement is made the day of 20[insert year]Parties:1[insert...
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).
Jervis V Harris Clause
A clause in a lease or tenancy agreement which allows the landlord to serve a notice on a tenant to carry out repairs. Where a tenant fails to do so, the landlord may enter, carry out the works itself and recover the costs from the tenant as a debt.
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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