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.
Topics We Cover
Latest Property Disputes News
The Ministry of Housing, Communities and Local Government (MHCLG) has launched a consultation on implementing Awaab's Law for private rented tenancies...
HM Courts & Tribunals Service (HMCTS) has published a position statement on the judicial use of Artificial Intelligence (AI), setting out expectations...
HM Courts and Tribunals Service (HMCTS) has published a Court Forms Destination Table setting out changes to Chancery Division forms to support the...
This week's edition of Property Disputes weekly highlights includes: High Court decisions on a de minimis discrepancy in a boundary line and on the...
The Regulator of Social Housing (RSH) has published its 2026 financial forecasts of private registered providers, showing record planned investment in...
Latest Property Disputes Practice Notes
FORTHCOMING CHANGE: This Practice Note reflects the current legislative position, however, note that certain elements may be impacted by the Digital...
The Building Safety Act 2022 (BSA 2022) contains extensive provisions and paves the way for significant changes to the law on building safety. For...
This Practice Note considers the purpose of Part 36, what a Part 36 offer is and the reasons for making a Part 36 offer. It also provides information...
This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how...
Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work:•for, or in connection with, the provision of a dwelling (DPA 1972, s...
Latest Property Disputes Precedents
This is an example of a guide which can be sent to clients. It provides general guidance on tenants’ right of first refusal when a landlord plans to...
This is an example of a guide which can be sent to clients. It is intended to provide general information about the status of tenancies granted to...
[IN THE HIGH COURT OF JUSTICE[[BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION]][Insert court, list or sub-list and venue as appropriate]ORTHE...
[Name of creditor’s law firm][Address line 1][Address line 2][Postcode][Date][Ref: [insert reference]]Dear [insert name][Creditor’s name] AND...
This is an example of a guide which can be sent to clients. It provides general guidance on the collective enfranchisement of the freehold of a block...
Latest Property Disputes Q&As
Featured Property Disputes content
Private nuisance—general principles
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liability
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreements
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a lease
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Remedies for breach of restrictive covenants
Remedies for breach of restrictive covenantsThis Practice Note explains when damages for breach of restrictive covenants might be awarded in lieu of...
Notice to complete
Notice to completeThis Practice Note covers what ready, willing and able means and the consequences of serving an invalid notice. A party who is...
Nuisance—what are public and private nuisance claims?
Nuisance—what are public and private nuisance claims?Nuisance claims are recognised in the following way:•private nuisance—substantial interference...
Periodic tenancies
Periodic tenanciesThis Practice Note sets out the nature of a periodic tenancy and the procedure and notice periods for terminating such a tenancy. It...
Rectification—mutual mistake
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
Quick guide to benefit and burden of covenants on assignment
Quick guide to benefit and burden of covenants on assignmentThe Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted...
Claims for use and occupation, mesne profits, double rent and double value
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
Trespass—remedies
Trespass—remediesThis Practice Note covers the remedies available to landowners who find their property has been unlawfully occupied by a trespasser...
Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?
Return or forfeiture of a deposit
Return or forfeiture of a depositA buyer's right to the return of a deposit and the seller's right to forfeit the deposit in relation to a property...
Surrender by operation of law (implied surrender)
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
Rectification—unilateral mistake
Rectification—unilateral mistakeThis Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake,...
Quick guide to tenant remedies for landlord’s breach of lease
Quick guide to tenant remedies for landlord’s breach of leaseThis Practice Note gives brief details of the main remedies available to tenants to deal...
Associated legal terms
Light obstruction notice
A light obstruction notice interrupts a prescriptive right of light in the course of being acquired by another landowner without the necessity of physically obstructing the light.
Permissive waste
Permissive waste describes loss or deterioration of land or buildings caused by a tenant’s failure to take reasonable care, rather than by positive damaging acts. It typically arises where a leaseholder, life tenant or other occupier does not carry out basic maintenance, allows disrepair to develop, or fails to comply with obligations to keep premises in repair, leading to a reduction in the value of the landlord’s or reversioner’s interest.
In England and Wales and Northern Ireland, permissive waste is rooted in common law and equity, mainly developed through case law rather than detailed statutory definition, and can be actionable as a breach of covenant to repair or as a claim in waste. It is relevant in leasehold, trust, life interest, and mortgage contexts.
In Ireland, the concept is similarly recognised at common law, again primarily in the context of landlord and tenant and life interests.
In Scotland, “waste” language is less common, but a broadly equivalent idea appears in obligations on tenants and liferenters to avoid allowing heritable property to fall into dilapidation through neglect, enforceable under contract and property law principles.
Section 18
Section 18 of the Landlord and Tenant Act 1927. This operates as a statutory cap on the amount of damages which a landlord can recover from a tenant at the end of a lease term in respect of dilapidations.
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