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.

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News

Practice notes

Precedents

Q&As

Latest Property Disputes News

Correcting a mistake in an RPI rent review clause (Monosolar IQ Ltd v Woden Park Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Correcting a mistake in an RPI rent review clause (Monosolar IQ Ltd v Woden Park Ltd)

What should lenders look out for as turnover rents make their return to the real estate market?

The following Banking & Finance news provides comprehensive and up to date legal information on What should lenders look out for as turnover rents make their return to the real estate market?

Landlord and tenant—break clauses and vacant possession (Capitol Park Leeds v Global Radio)

The following Property Disputes news provides comprehensive and up to date legal information on Landlord and tenant—break clauses and vacant possession (Capitol Park Leeds v Global Radio)

No pandemic clause suspending rent during lockdown in a Landlord and Tenant Act 1954 renewal—the risk to business from coronavirus (COVID-19) is a tenant risk (Poundland Ltd v Toplain Ltd)

Featured Property Disputes content

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

The Party Wall etc Act 1996 (PWA 1996) should be referred to for its full provisions but defines a party wall as a wall forming part of a building and...

Breach of Missives—remedies in Scotland

MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...

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...

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...

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

19th May

Precedents

Example letter 6–Line of Junction Notice–new wall wholly on your own land

To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...

19th May

Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...

Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May

Precedents

Acknowledgement of Line of Junction Notice—New wall astride the boundary

To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...

19th May

Q&As

Can a mortgagee rely on Ground 2 of Schedule 2 to the Housing Act 1988 to evict a residential tenant occupying under an assured shorthold tenancy if, at the time the tenant was given notice prior to the commencement of the tenancy that the property was mortgaged, it was mortgaged to a different lender (ie it has since been remortgaged)?

The answer is, no.Ground 2 of Schedule 2 Part I to the Housing Act 1988 (HA 1988) reads:‘The dwelling-house is subject to a mortgage granted before...

Produced in partnership with Desmond Kilcoyne 19th May

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...

19th May

Precedents

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

19th May

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...

19th May

Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...

Produced in partnership with Desmond Kilcoyne 19th May

Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...

Produced in partnership with Kate Andrews of Hamlins 19th May

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...

19th May

Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...

Produced in partnership with Alex Campbell of Arden Chambers 19th May

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

19th May

Practice notes

Commercial rent arrears recovery (CRAR)

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

19th May

COVID-19

Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May

Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...

19th May

Most recent Property Disputes content

Practice notes

Limitation—the principal limitation periods

Limitation—the principal limitation periodsThe principal limitation periodsThe following table includes the principal types of action and details the...

13th Jul

COVID-19

In-house

Practice notes

Claim form—the contents

Claim form—the contentsThis Practice Note considers the current position and provides guidance on the interpretation and application of the relevant...

13th Jul

Practice notes

Break clauses—a practical lease negotiation guide

Break clauses—a practical lease negotiation guideBreak clauses—commercial importanceLandlords may concede a break right for a tenant in order to agree...

13th Jul

Practice notes

Property key future developments tracker

Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...

13th Jul

Practice notes

Yielding up and vacant possession

Yielding up and vacant possessionWhether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern...

13th Jul

Practice notes

Brexit timeline

Brexit timelineOn 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29...

13th Jul

Sustainable Business Toolkit

Brexit

Q&As

Where a lease which has the protection of the Landlord and Tenant Act 1954 (LTA 1954) is renewed, is it possible for the renewed lease to be contracted out of protection of LTA 1954. If not, could a new lease be excluded if the existing tenant entered into a deed of surrender in respect of the existing lease and before the grant of the new lease?

Where a lease which has the protection of the Landlord and Tenant Act 1954 (LTA 1954) is renewed, is it possible for the renewed lease to be...

13th Jul

Practice notes

Break clauses and notices—exercising breaks and conditions precedent

Break clauses and notices—exercising breaks and conditions precedentCoronavirus (COVID-19): During the current pandemic, legislation and changes to...

13th Jul

COVID-19

Practice notes

Coronavirus (COVID-19)—implications for property

Coronavirus (COVID-19)—implications for propertyThis Practice Note introduces the key implications that property practitioners should consider in...

13th Jul

COVID-19

In-house

Practice notes

Vacant possession

Vacant possessionVacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion.In...

13th Jul

Practice notes

Corporate Insolvency and Governance Act 2020—restructuring plan provisions

Corporate Insolvency and Governance Act 2020—restructuring plan provisionsSpurred on by the coronavirus (COVID-19) pandemic, the government pushed...

12th Jul

COVID-19

Q&As

Are there any cases relating to the Defective Premises Act 1972 where a leak into a ceiling, or wall, was considered a defect which caused a disrepair?

Are there any cases relating to the Defective Premises Act 1972 where a leak into a ceiling, or wall, was considered a defect which caused a...

12th Jul

Practice notes

Who is liable for inherent defects?

Who is liable for inherent defects?Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property...

12th Jul

Practice notes

Dealing with Rent Act tenancies

Dealing with Rent Act tenanciesFORTHCOMING CHANGE: On 22 March 2021, the government published its response to the Law Commission’s report of 14...

12th Jul

COVID-19

Practice notes

Residential tenancies and the Immigration Act—'Right to Rent'

Residential tenancies and the Immigration Act—'Right to Rent'Coronavirus (COVID-19): This Practice Note contains guidance which may be impacted by the...

12th Jul

Practice notes

Dispute resolution: key appeal cases—2021

Dispute resolution: key appeal cases—2021One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case...

12th Jul

Practice notes

Proprietary estoppel

Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jul

Practice notes

Allocation of claims to a track

Allocation of claims to a trackWhat is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is...

12th Jul

Practice notes

Enforcing a judgment or order for possession of land

Enforcing a judgment or order for possession of landCPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the...

12th Jul

Practice notes

Neighbour disputes—building works and harassment

Neighbour disputes—building works and harassmentDamage and disruption caused by building works are usually the subject of a claim in trespass,...

9th Jul

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Property Disputes Law

View Property Disputes by content type:

Latest Property Disputes News

Correcting a mistake in an RPI rent review clause (Monosolar IQ Ltd v Woden Park Ltd)

What should lenders look out for as turnover rents make their return to the real estate market?

Landlord and tenant—break clauses and vacant possession (Capitol Park Leeds v Global Radio)

No pandemic clause suspending rent during lockdown in a Landlord and Tenant Act 1954 renewal—the risk to business from coronavirus (COVID-19) is a tenant risk (Poundland Ltd v Toplain Ltd)

Featured Property Disputes content

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Breach of Missives—remedies in Scotland

Discharging a charging order over land

Remedies for breach of restrictive covenants

Most recent Property Disputes content

Popular documents

Judicial review—time limits and the pre-action protocol

Capital allowances on property sales—pre-contract enquiries

Highways, street works and statutory undertakers

Perverting the course of justice

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