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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.

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Latest Property Disputes Q&As

Q&As
An Assured Shorthold Tenancy (AST) agreement has been signed by both parties but not dated, and is held by the landlord pending completion. The tenant then changes its mind and wishes to withdraw, on the grounds that the AST has not been completed yet. Can the landlord date the agreement and enforce?
Q&As
What is the position in a conveyancing transaction if it is not possible to complete because of coronavirus (COVID-19)?
Q&As
Where a landlord has served a section 25 notice under the Landlord and Tenants Act 1954 opposing a new tenancy, is there any tactical advantage to either the tenant or the landlord making the application to court? Should the landlord let the tenant do this (as they will need to protect their position and avoid the lease terminating) or is there any merit in the landlord making the application?
Q&As
I am instructed by a buyer regarding challenging the validity of a notice to complete in a residential purchase, eg does a date for making time of the essence need to be specifically stipulated? Does the notice need to be served on the buyer or just the solicitors? How can the effect of the notice be delayed if at all possible. Also, the seller holds the buyer’s deposit and is threatening to forfeit this once the notice expires. Is the solicitor acting for the seller under a continuing duty to hold the deposit as stakeholder pending resolution of any disputes—if not, is the only option available for the buyer to issue proceedings?
Q&As
A seller has exchanged contracts for the sale of commercial land but fears that the buyer may go into administration before completion. If an administrator or other insolvency practitioner is appointed, will the seller be obliged to complete the contract?
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Associated legal terms

Dilapidations

/dɪlapɪˈdeɪʃ(ə)n/

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).

Relief from Forfeiture

/rɪˈliːf/ /frɒm,frəm/ /ˈfɔːfɪtʃə/

An application made by a tenant (or sub-tenant or mortgagee) following forfeiture, seeking the reinstatement of the (forfeited) lease (or the grant of a new lease for the remainder of the term in respect of a subtenant or mortgagee).

Schedule of Dilapidations

ˈʃɛdjuːl,ˈskɛdjuːl/ /ɒv,(ə)v/ /dɪlapɪˈdeɪʃ(ə)n/

A schedule served by a landlord on its tenant, which sets out the items of disrepair at a property caused by the tenant’s failure to perform its repairing, decorating, and where appropriate, reinstatement obligations in the lease. The items of work detailed in the schedule may be costed.
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