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: High Court decisions that a landlord is not entitled to recover insurance rent...
The Ministry of Housing, Communities and Local Government (MHCLG) has issued an updated notice clarifying its position following the First-tier...
Construction analysis: There is a ‘a dearth of case law’on section 1(1) of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), as...
This week's edition of Property Disputes weekly highlights includes: Supreme Court decisions on the Building Safety Act 2022 and wild camping rights,...
Dispute Resolution analysis: The minutes of the Civil Procedure Rule Committee (CPRC) meeting of 4 April 2025 (conducted in a hybrid format at The...
Latest Property Disputes Practice Notes
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
Building Safety Act 2022—remediation orders and remediation contribution ordersThis Practice Note provides guidance as to who can apply for...
Building Safety Act 2022—cases trackerThe Building Safety Act 2022 (BSA 2022) case tracker is a list of key judgments from the First-tier Tribunal...
Liability for business ratesThis Practice Note covers who is liable for business rates, the three categories of taxpayer identified by the Local...
Modification and discharge of restrictive covenantsWhat is a restrictive covenant?A restrictive covenant is a contractual obligation that is attached...
Latest Property Disputes Precedents
Notice of default—house enfranchisement and lease extension claims (LRA 1967)LEASEHOLD REFORM ACT 1967Leasehold Reform (Enfranchisement and Extension)...
Positive acknowledgement of 3/6 metre noticeTo [insert Building Owner]Of [insert Building Owner’s main address]The Party Wall etc Act...
Landlord’s redevelopment break option clause—lease[Definitions warning: This Precedent clause uses the following defined terms: 'Annual Rent’,...
Agreement to suspend limitation—standstill agreementThis Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name...
Letter of claim—contractual debt claim[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS]Our reference: [insert your file reference for this...
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?
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...
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...
Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?
A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in the event of default. Can the landlord elect to forfeit and then use the rent deposit to settle rent arrears after forfeiture?
A landlord has served a non-hostile section 25 notice offering a tenant a new lease, but the terms of the new lease have not been agreed. The section 25 notice has now expired, the tenant remains in occupation and neither the landlord, nor the tenant has made an application court. The landlord now wants the tenant to vacate the property—what steps does the landlord need to take to regain possession of the property?
Associated legal terms
Accelerated Possession Proceedings
Proceedings governed by CPR Part 55 to recover possession of a property let on an assured shorthold tenancy where possession only is sought (ie no other claim, such as for unpaid rent is made). The proceedings are usually dealt with on paper, without the need for a hearing.
Disclaimer
The right of a Trustee in Bankruptcy, Liquidator or the Crown to disclaim onerous property (often a leasehold interest). The effect is to bring any ongoing liabilities (of the bankrupt, company or the Crown) in relation to the property to an end.
Surrender by operation of law
Also known as an implied surrender. It occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. It is often demonstrated by the delivery of possession by the tenant and acceptance by the landlord.
CONTACT US
