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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.

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Latest Property Disputes Q&As

Q&As
A cohabiting couple live on a jointly-owned houseboat. The relationship has deteriorated and one party now wishes to sell the boat, but the other is refusing. Can an application be made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) in these circumstances? If an application cannot be made under TOLATA 1996 what steps can the party take to obtain an order for sale of the boat?
Q&As
The landlord ("L") is a local authority. L has purchased land for redevelopment. There are some tenants on the land who occupied various residential premises under Assured Shorthold Tenancies ("ASTs"). The tenancies would cease to be ASTs as they do not meet the qualifying criteria set out by the Housing Act 1988. However, paragraph 3(1) of Schedule 1 of the Housing Act 1985 would also seem to apply; the tenancies would not become "secure tenancies" as L has purchased the land to develop. Accordingly, what effect does this have on the tenancies? ie if they are not ASTs or secure tenancies, what are they?
Q&As
What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on service of NOSP or on granting of the eviction order?
Q&As
Where a Landlord and Tenant Act 1954 contracted out head lease is granted of mixed use property, the residential element is lawfully underlet on an assured shorthold tenancy and the head lease then falls away, if the head landlord is a local authority and local housing authority, what type of tenancy would be created in these circumstances and what are the termination options available to it?
Q&As
What action can a local authority, as landlord, take against a tenant who is impeding the fire escape in a communal area?
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Associated legal terms

Mannai

The case of Mannai v Eagle Star [1997] 3 All ER 352, in which the House of Lords (as was) confirmed that a mistake in a contractual break notice was not fatal to its validity, as the reasonable recipient would not be misled by the error.

Rights of light

A right of light is a form of easement that gives a landowner the right to receive light through defined apertures in buildings on its land.

Tolata claim

A Tolata claim is an application to the civil courts, typically in England and Wales, to resolve disputes about the ownership of, or rights over, land or a home where the parties are not married or in a civil partnership. It most often arises in cohabitation disputes about beneficial interests in a family home, orders for sale, or regulation of occupation.

The term derives from the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which governs how trusts of land are created and administered and how disputes are determined, including claims for a declaration of beneficial interest and for an order for sale under sections 14 and 15.

Although widely used by practitioners, “Tolata claim” is not a statutory expression, but convenient shorthand for proceedings under TOLATA.

Usage is specific to England and Wales. In Scotland, analogous disputes are addressed under trust and property principles, and cohabitation claims under the Family Law (Scotland) Act 2006. Northern Ireland and Ireland do not use TOLATA; similar issues are dealt with through local trust, land and equity rules and, in Ireland, the Land and Conveyancing Law Reform Acts.
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