Property Disputes Law

LexisPSL 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.

Property Disputes is a rapidly changing, case-law and legislation heavy area of law. It is of relevance not only for specialist property disputes lawyers, but also for property developers, local authorities, landlords, tenants and lawyers dealing with property matters.

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Practice notes

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Latest Property Disputes News

Property Disputes weekly highlights—15 April 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—15 April 2021

Time limits for referrals to the Upper Tribunal (Land and Estate Developments UK Ltd v Nottingham City Council)

The following Property Disputes news provides comprehensive and up to date legal information on Time limits for referrals to the Upper Tribunal (Land and Estate Developments UK Ltd v Nottingham City Council)

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Court refuses to imply term regarding timescale for service of break notice (Wigan BC v Scullindale Global Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Court refuses to imply term regarding timescale for service of break notice (Wigan BC v Scullindale Global Ltd)

Featured Property Disputes content

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

Most recent Property Disputes content

Practice notes

Break clauses and notices—exercising breaks and conditions precedent

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

16th Apr

COVID-19

Practice notes

Party Wall works—notices, disputes and awards

The Party Wall etc Act 1996 (PWA 1996) imposes rights and obligations on property owners who wish to:•work on existing party walls or...

16th Apr

Practice notes

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...

Produced in partnership with Kate Temple-Mabe and Adam Weitzman QC of 7BR 16th Apr

Practice notes

Property key future developments tracker

Once a development occurs, it is then moved to the relevant archive:•Property key future developments tracker—2021 archive•Property key future...

16th Apr

Practice notes

Mortgages—multiple fixed charges and insufficient equity

In this Practice Note, ‘borrower’ and ‘mortgagor’ are used interchangeably, as are ‘lender’ and ‘mortgagee’. This Practice Note also applies to fixed...

Produced in partnership with Peter Levaggi of Charles Russell Speechlys LLP 16th Apr

Practice notes

Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...

16th Apr

Practice notes

Without prejudice communications

This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...

16th Apr

In-house

Practice notes

Default judgment—general principles

A default judgment is also referred to as a judgment in default, judgment in default of acknowledgment of service and judgment in default of...

16th Apr

Practice notes

Obtaining an order for sale to enforce a charging order—potential difficulties

This Practice Note identifies some of the potential difficulties you may encounter when applying for an order for sale to enforce a charging order...

Produced in partnership with Frances Coulson of Moon Beever 16th Apr

Q&As

A property which is being rented out under the Rent (Agriculture) Act 1976 requires repair work comprising a full re-wire due to the condition of the property deteriorating. The electrician has requested that the property is vacant and cleared while works are completed. Who will be responsible for paying the cost of rehousing the tenant whilst the repair work takes place?

We have assumed that the occupier is a statutory tenant under the Rent (Agriculture) Act 1976 (R(A)A 1976).Agricultural workers who live in a property...

16th Apr

Q&As

If a section 21 notice is dated and posted on a bank holiday, is it validly served? If so, when will it be deemed served? Does a section 21 notice expire ten months (because of coronavirus (COVID-19)) from the date stated in the notice, ten months from the date it was served or ten months from the effective date of service?

Common law rules of service apply to notices served under section 21 of the Housing Act 1988 (HA 1988) (to seek possession of an assured shorthold...

16th Apr

Practice notes

What is a tort?

This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how...

Produced in partnership with Sri Carmichael of Hardwicke Chambers 15th Apr

Practice notes

Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...

Produced in partnership with Zainab Hodgson of CMS 15th Apr

Q&As

In a mixed use development where a party is taking a 999-year lease of part for commercial use and a management company has been formed to service the common parts, etc would it be normal to restrict membership of the management company to the residential leaseholders?

The structure of the:•leasehold interests•service charge accounts•management obligations and composition of management companieswill largely depend...

15th Apr

Q&As

Do service charge funds need to be held in a designated deposit/trust account?

Where section 42 of the Landlord and Tenant Act 1987 (LTA 1987) applies ie the premises let are residential and two or more tenants are required by...

Produced in partnership with Helen Galley of XXIV Old Buildings 15th Apr

Q&As

Can you levy a demand for service charge incurred in the interim period before the purchase of the head lease by serving a demand on the headlessee, so that in turn it can recover from the flat lessees?

The payment and recovery of service charges is primarily determined by the relevant provisions of the applicable lease, subject to some statutory...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Apr

Q&As

If a commercial lease contains a provision to pay service charge but service charge has never been demanded, is there a limit as to what period a landlord can request backdated service charge for?

In the case of commercial premises, the protection afforded to residential tenants by the Landlord and Tenant Act 1985 (LTA 1985) will not apply. As...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 15th Apr

Q&As