Disputes and remedies

View Property Disputes by content type:

News

Practice notes

Precedents

Q&As

Latest Property Disputes News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

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...

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...

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...

Trespass—remedies

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

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

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

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

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

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

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

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

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

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

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

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

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

Precedents

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...

9th Nov

Practice notes

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....

9th Nov

COVID-19

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

COVID-19

In-house

Most recent Disputes and remedies content

Practice notes

A guide to the Arbitration Act 1996 (AA 1996)

A guide to the Arbitration Act 1996 (AA 1996)For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern...

Produced in partnership with Stephenson Harwood 16th May

Practice notes

AA 1996—court powers in support of arbitration—an introduction

AA 1996—court powers in support of arbitration—an introductionThis Practice Note provides an introduction to the powers the courts of England and...

Produced in partnership with Simmons & Simmons 16th May

Practice notes

Arbitration—an introduction to the key features of arbitration

Arbitration—an introduction to the key features of arbitrationThis Practice Note provides an introduction to arbitration and its key features, with a...

Produced in partnership with Simmons & Simmons 16th May

Practice notes

Quick guide to where to issue common property dispute applications

Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...

15th May

Practice notes

Quick guide to common time limits for property disputes lawyers

Quick guide to common time limits for property disputes lawyersThis Practice Note details the deadlines for carrying out some of the more common tasks...

15th May

Practice notes

Establishing a beneficial interest (sole ownership)

Establishing a beneficial interest (sole ownership)Cohabitants and other co-owners or co-occupiers of property, often fail to specify the extent of...

15th May

Practice notes

Obtaining a charging order over land

Obtaining a charging order over landThis Practice Note sets out the circumstances in which a charging order over property may be obtained under the...

15th May

Practice notes

TOLATA 1996—Part 36 offers

TOLATA 1996—Part 36 offersWhat is a Part 36 offer?A Part 36 offer is an offer to settle a claim, counterclaim or other additional claim (or any part...

15th May

Practice notes

Eligibility to apply under TOLATA 1996

Eligibility to apply under TOLATA 1996Cohabitants do not have the same rights to make property claims as married couples or civil partners, and...

15th May

Practice notes

TOLATA 1996—procedure

TOLATA 1996—procedureCoronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the...

15th May

Practice notes

TOLATA 1996—when to issue in the County Court and when to issue in the High Court

TOLATA 1996—when to issue in the County Court and when to issue in the High CourtThis Practice Note explains the distinction between the County Court...

15th May

Practice notes

TOLATA 1996—when to use Part 7 and when to use Part 8

TOLATA 1996—when to use Part 7 and when to use Part 8This Practice Note explains the distinction between Parts 7 and 8 of the Civil Procedure Rules...

15th May

Practice notes

TOLATA 1996—occupation rent

TOLATA 1996—occupation rentAn order may be made for the payment of an occupation rent where one party leaves a property owned beneficially by both...

15th May

Practice notes

TOLATA 1996—pre-action matters

TOLATA 1996—pre-action mattersPre-action protocolThere is no specific pre-action protocol relating to claims under the Trusts of Land and Appointment...

15th May

Practice notes

What is the effect of interim charging orders?

What is the effect of interim charging orders?This Practice Note considers the effect of the court making an interim charging order pursuant to the...

15th May

Practice notes

Cost orders—the general rule and the court's discretion

Cost orders—the general rule and the court's discretionThis Practice Note looks at the discretion of judges to make costs orders (CPR 44 and its...

15th May

Practice notes

Limitation—professional negligence claims

Limitation—professional negligence claimsThis Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains...

15th May

Practice notes

Where to start the claim

Where to start the claimHigh Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of...

15th May

Practice notes

Summary judgment applications—what, who and when

Summary judgment applications—what, who and whenCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...

15th May

Practice notes