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.

Our experts give you an up-to-date, authoritative view, backed up by primary sources and direct links for deeper research into commentary sources. So with time efficiencies built into your research, you’ll have more time to spend on billable work and business development.

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Practice notes

Precedents

Q&As

Latest Property Disputes News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Property Disputes weekly highlights—6 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—6 May 2021

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

An analysis of the Housing Possession Mediation Service

The following Dispute Resolution news provides comprehensive and up to date legal information on An analysis of the Housing Possession Mediation Service

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 Property Disputes content

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...

28th Apr

Practice notes

Enforcement in Scottish civil litigation

This Practice Note considers enforcement in Scotland. For guidance on:•other aspects of Scottish civil litigation, see: Preliminary and ongoing...

Produced in partnership with Julie Hamilton of MacRoberts LLP 28th Apr

Scottish Law

Practice notes

Interdict and interim interdict in Scottish civil litigation

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...

Produced in partnership with Jim Cormack of Pinsent Masons 28th Apr

Scottish Law

Q&As

When making an application to the tribunal under section 48 of the Leasehold Reform, Housing and Urban Development Act 1993, do you need to serve the other party or merely lodge the application with the tribunal? Is there anything else required in order to perfect the application?

Chapter II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) enables a tenant of a flat, in certain...

Produced in partnership with Alexander Campbell of Field Court Chambers 28th Apr

Q&As

A tenant of commercial premises covenanted not to make any alterations or additions to the premises without the landlord's consent. The tenant then sought and obtained consent to carry out its restaurant fit out. The premises is defined to include all alterations or additions to the premises. The tenant is also obliged to yield up the premises. Is the tenant therefore required to yield up the premises in its altered state? If the tenant is exercising a break which is conditional on giving vacant possession, case law suggests that it must remove all chattels. If a chattel formed part of the alterations and additions which the tenant is to yield up, does it still have to remove them to satisfy the vacant possession condition?

Alteration and addition clauses are common in commercial leases, as the landlord will usually wish to ensure that upon expiration of the term or...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Apr

Practice notes

LTA 1954 business lease renewal—termination

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

28th Apr

COVID-19

In-house

Q&As

Where a tenant has a business lease protected by Part II of the Landlord and Tenant Act 1954, and also has a contractual option to renew, will the service of a section 26 request prevent the later exercise of the option?

A lease may contain an option to renew, giving the tenant the right to demand a further term on expiry of the existing one. An option to renew is...

28th Apr

Q&As

Would communications between a landlord (or their agent) and a lessee that do not acknowledge the existence of the lease nor relate to ground rent or service charges, amount to waiver of the right to forfeit? Further, would complying with statutory obligations, such as fire risk assessments, and communicating with the lessee in this regard amount to waiver of the right to forfeit?

Where a right to forfeit for a breach of covenant or condition arises, a landlord, with knowledge of the breach, is put to an election as to whether...

28th Apr

Q&As

What legal action can be taken for livestock (cattle) that have been moved onto land not belonging to the owner of the cattle, ie trespassing cattle? Does the Animals Act 1971 give any powers?

Where a person directs animals onto another’s land, they commit the tort of trespass. Depending on the circumstances, they may also (or alternatively)...

28th Apr

Q&As

If a tenancy agreement does not exist how can the occupier be evicted from the property? The property belongs to an estate and the executor is refusing to move out and is breaching their duty as an executor as distributions have not been equalised in accordance with the deceased's Will.

How can an occupier be evicted from the property?A tenancy agreement is merely a written expression of a contractual relationship between the parties....

Produced in partnership with Dr David Smith of JMW Solicitors LLP 28th Apr

Q&As

Will using a landlord break clause in the last year of a commercial lease, have the same effect as contracting out of the Landlord and Tenant Act 1954?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to give security of tenure to tenants occupying premises for the purpose of a business,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Apr

Practice notes

LTA 1954 business lease renewal—proceedings

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

27th Apr

Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...

27th Apr

Q&As

A property is being transferred to two beneficiaries of a trust. One of the beneficiaries (party A) will reside at the property and the other (party B) will not. A wants to stay there for five years and B is agreeable to that. A will pay rates/insurance/utilities, but not any rent. In the absence of rent payable, what is the most appropriate way to document this? Would a licence be more appropriate than an assured shorthold tenancy? The intention is to document the occupation but not for A to accrue any additional rights to stay beyond the five-year term.

In a scenario such as this, the legal mechanism to enable the occupation of A matters only in the event of a dispute. If A simply vacates the property...

27th Apr

Q&As

When drafting a contractual licence to occupy, is there any legal issue or risk for either party if the licence period: is expressed to start in the future (say a few days after completion of the licence), or has already expired and the licence is completed to regularise the period of use?

A contractual licence to occupy is a personal contractual agreement allowing the licensee to occupy premises on a non-exclusive basis, usually for a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr

Q&As

What happens if a landlord serves a section 25 notice proposing terms for a renewal lease, and the tenant does not respond before the termination date specified in the notice?

If the tenant does not respond, by way of agreeing a statutory extension, or by issuing court proceedings by the termination date specified in the...

27th Apr

Q&As

If a commercial business tenancy (outside of the Landlord and Tenant Act 1954) is in the name of two landlords and one tenant and the tenant addresses and serves a notice to quit to only one of the landlords, is the notice still valid?

A commercial tenancy within its fixed term can be ended only by mutual agreement (the landlord accepting a surrender), possession proceedings or...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr

Q&As

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency standards regulations post 1 April 2018?

This Q&A relates to non-domestic property.Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is...

27th Apr

Q&As

Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure in respect of business tenancies that fall within its provisions....

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr

Q&As

Can you serve a notice to quit to end a non-excluded residential licence at the very start of the agreement?

Firstly, it is important to ensure that what is being dealt with is a true licence. Our Practice Note: Using licences and tenancies at will gives some...

27th Apr

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Property Disputes Law

View Property Disputes by content type:

Latest Property Disputes News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Property Disputes weekly highlights—6 May 2021

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

An analysis of the Housing Possession Mediation Service

Featured Property Disputes content

Rights of light claims

Trespass—claims and defences

Statutory compensation under the Landlord and Tenant Act 1954

Trespass—remedies

Most recent Property Disputes content

Popular documents

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

Contract interpretation—express terms in contracts

What is a tort?

Acting in concert

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