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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
A tenant is granted a protected lease of a mixed use premises. The tenant has granted assured shorthold tenancies (ASTs) for the residential parts. If the tenant fails to apply to the court for a new lease before the expiry of the statutory period and no extension is granted, so that the tenant has no further right to occupy the premises, does the landlord need a court order to obtain possession? Is this the case even if the residential and commercial parts of the premises have separate entrances? The landlord is content to take over the ASTs.
Q&As
The lease code recommends that tenant's resist break clauses which are conditional on vacant possession being given and instead suggests that the condition to give up ‘occupation’ is preferable. On one level while the general law suggests that giving up occupation is a lesser obligation than giving vacant possession, is there any authority on the point? For example, what is that lesser obligation? Is it just to leave the premises or do all chattels (and fixtures) have to be removed? What if some tools of the trade are left behind? Could it still require in practice that any significant alterations are removed? Could the lesser obligation actually create uncertainty as to what is required?
Q&As
If a business tenancy is to be excluded from security of tenure, can the tenancy agreement include a break clause which, if exercised, could result in the tenancy terminating in the first six months of the term (or in the first six months from the grant of the tenancy)?
Q&As
Is there any authority that says that, where there is a lease of more than seven years that it must be registered before a break notice can be exercised in circumstances where the lease does not contain that as a pre-condition? Alternatively, if there is such a pre-condition but the landlord has failed to answer any requisitions raised by HM Land Registry and thus prevented registration, can it object to the service of the break notice?
Q&As
Where the contractual term of a Landlord and Tenant Act 1954 protected tenancy expires part way through a quarter (and rent is payable in advance on the usual quarter days), can the landlord demand the full quarter’s rent prior to the contractual expiry date without prejudicing its right to recover possession if the tenant fails to issue proceedings or vacate?
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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).

Lease renewal

A business lease renewal, pursuant to LTA 1954.

Rights of light

A right of light is a form of easement that gives a landowner the right to receive light through defined apertures in buildings on its land.
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