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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
In the context of Brexit, what is meant by the ‘transition or implementation period’?
Q&As
Party A owns a residential leasehold. There is a structural problem with the property that the landlord should deal with according to the lease. The landlord is withholding details of the building’s insurance, which is in their name. Party A has tried to sell the property, but the landlord has been obstructive in respect of this. What pressure can be applied to the landlord to get them to repair the building and to stop them interfering in any sale?
Q&As
A commercial tenant overpaid sums due under a lease, leaving them in a credit balance at lease end. The landlord has failed to return the overpaid sums. What causes of action does a tenant have against the landlord?
Q&As
Is it possible for a tenant to recover overpayments of rent made to the landlord’s predecessor-in-title? Is the claim made against the predecessor or the current landlord?
Q&As
A tenant (X) of commercial premises assigns its interest to Y. It gives an authorised guarantee agreement to the landlord. Several years later, Y gets in difficulty and fails to pay the rent. The landlord serves a section 17 notice on X who pays the arrears. X did not take a overriding lease but, in acknowledgment that Y was in financial difficulty, starts to pay the rent under the lease. That has continued for three years. Y remains in occupation and the rent demands are raised in the name of Y. However, X pays them and tries to recoup from Y. Y is in arrears to X. What is X's position?
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Associated legal terms

Statutory compensation

Compensation which is payable to a tenant where a landlord successfully opposes the grant of a new tenancy based on grounds (e), (f) and/or (g) of LTA 1954, s 30(1).

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.

The Landlord and Tenant Act 1954

/ðiː/ /ˈlan(d)lɔːd/ /ənd,(ə)n//ˈtɛnənt/ /akt//wʌn//nʌɪn//fɔː/

The Landlord and Tenant Act 1954, Part II (LTA 1954). Where a business tenancy complies with the requirements of LTA 1954, s 23, a tenant will have a statutory right to seek a new lease at the expiry of its current tenancy.
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