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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
Where a landlord proposes to transfer a freehold property which is currently the subject of possession proceedings against a tenant at the property, is it necessary to substitute the transferee of the property as the claimant in the possession proceedings?
Q&As
I am acting for the proprietor of a residential property. The property was initially let to an individual under an assured shorthold tenancy which had rolled over into a periodic tenancy. Now also living in the property, though not named a party to the lease, is the tenant’s daughter. The tenant has recently died and my client wants to recover possession against the daughter who has refused to move out. What is the procedure for gaining possession in these circumstances?
Q&As
Are the decisions of the First-tier Tribunal (Property Chamber) binding upon its self?
Q&As
Are party wall awards personal to the parties, or do they bind successors in title?
Q&As
Under section 38(2) of the Landlord and Tenant Act 1954 (LTA 1954), if a landlord and tenant agree to exclude statutory compensation under LTA 1954, it will only have effect on leases where the tenant quits before they (and/or a successor in title in the business) have been in occupation for less than five years. If there is a ten year lease, but a tenant excercises a break clause which operates to terminate the lease before the 5th anniversary of the term, would the exclusion of statutory compensation have effect?
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Associated legal terms

Jervis V Harris Clause

A clause in a lease or tenancy agreement which allows the landlord to serve a notice on a tenant to carry out repairs. Where a tenant fails to do so, the landlord may enter, carry out the works itself and recover the costs from the tenant as a debt.

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.

Torts Notice

/tɔːt/ /ˈnəʊtɪs/

Notice served pursuant to the Torts (Interference with Goods) Act 1977, where goods have been left behind at lease expiry (commonly following forfeiture). It imposes an obligation on a former tenant to collect the goods and allows the landlord to sell the goods, if the tenant fails to do so.
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