Contractual disputes

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This Overview guides practitioners to the property disputes content on contractual disputes, directing users to practical notes, precedents and tools across the lifecycle of contentious property agreements. Contractual risk frequently determines outcomes in landlord and tenant matters, sale and development transactions, options and overage, agreements for lease and collateral warranties. Key issues include formation and formalities for land contracts, the effect of entire agreement, no‑reliance and exclusion clauses, conditions precedent, notice mechanics and time limits, and the scope of remedies. Practitioners should be alert to the statutory framework: the Law of Property (Miscellaneous Provisions) Act 1989 on execution and s.2 formalities, the Law of Property Act 1925, the Landlord and Tenant Acts on security of tenure and service charges, the Misrepresentation Act 1967, the Unfair Contract Terms Act 1977 and limitation under the Limitation Act 1980. Disputes commonly concern break options, rent review, service charge certification, agreements for lease subject to planning or works, and overage triggers and anti‑avoidance. The materials address contractual interpretation principles, implied terms, rectification, estoppel, waiver and affirmation, alongside damages, specific performance, injunctions and declarations. Guidance is provided on dispute resolution clauses, expert...

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