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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.

Our experts give you an up-to-date, authoritative view, backed up by primary sources and direct links for deeper research into commentary sources. So with time efficiencies built into your research, you’ll have more time to spend on billable work and business development.

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Latest Property Disputes News

When does receipt of rent waive the right to forfeit? (Faiz v Burnley Borough Council)

When does receipt of rent waive the right to forfeit? (Faiz v Burnley Borough Council)

The following Property Disputes news provides comprehensive and up to date legal information on When does receipt of rent waive the right to forfeit? (Faiz v Burnley Borough Council)

Property Disputes weekly highlights—28 January 2021

Property Disputes weekly highlights—28 January 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—28 January 2021

Property insurance premiums increase substantially due to high-rise cladding risks

Property insurance premiums increase substantially due to high-rise cladding risks

The following Insurance & Reinsurance news provides comprehensive and up to date legal information on Property insurance premiums increase substantially due to high-rise cladding risks

Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Hotel’s liability for risky activity of guest under the Occupiers’ Liability Act 1957 (The White Lion Hotel v James)

Featured Property Disputes content

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

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

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...

Discharging a charging order over land

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

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...

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...
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Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 4th 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...
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4th 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...
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Produced in partnership with Desmond Kilcoyne 4th 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...
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4th May
Precedents

Example letter 1–Party Structure Notice

To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...
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4th 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...
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4th 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...
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4th May
Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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4th 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...
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Produced in partnership with Desmond Kilcoyne 4th 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...
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Produced in partnership with Kate Andrews of Hamlins 4th 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...
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4th 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...
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Produced in partnership with Alex Campbell of Arden Chambers 4th 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...
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4th May
tag iconCOVID-19
Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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4th May
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...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 4th May
Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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4th May
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Most recent Property Disputes content

Practice notes

Introduction to the EU GDPR and UK GDPR

On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...
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29th Jan
tag iconIn-house
Practice notes

Property key future developments tracker

Once a development occurs, it is then moved to the relevant archive:•Property key future developments tracker—2021 archive•Property key future...
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29th Jan
Q&As

A guarantor of the lease is in liquidation, but the tenant and other guarantors remain solvent and able to meet the obligations under the lease. Is the guarantor's passing of a resolution to wind up the company a once and for all forfeiture event or is it an ongoing event? Does the guarantor have a duty to notify the landlord that they are being wound up? If the landlord forfeits the lease by reason of one guarantor's insolvency (while the tenant and other guarantors remain solvent) will the tenant be able to apply for relief from forfeiture on the basis that the obligations under the lease are continued to be met by the tenant and its other guarantors if necessary?

We have assumed that the guarantor becoming insolvent gives rise to the right to forfeit under the terms of the lease.Is the guarantor's passing of a...
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29th Jan
Q&As

In a lease granted by a local authority to a registered provider, if there are no conditions requiring an assignment to be to another registered provider only (ie the lease can be assigned to any suitable party), is there anything in statute that can be relied upon to refuse consent to an assignment to any party that is not a registered provider of affordable housing? There is a condition in the underletting covenant to state that this must be on affordable rent terms but no such condition on assignments.

Local Authorities will commonly lease property to registered housing providers to provide accommodation for persons entitled to it. These arrangements...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Jan
Practice notes

Coronavirus (COVID-19) implications for dispute resolution

This Practice Note aims to assist dispute resolution practitioners seeking to understand the fast-moving changes to civil court processes and...
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29th Jan
tag iconCOVID-19
Practice notes

Limitation—tort claims

This Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods...
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29th Jan
Q&As

Is it possible to vary an existing business tenancy so that it is contracted out of the Landlord and Tenant Act 1954?

This Q&A raises the means by which the protection of Part II of the Landlord and Tenant Act 1954 (LTA 1954) may be excluded. It assumes that the...
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29th Jan
Practice notes

Residential service charges—disputes and procedures

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...
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Produced in partnership with Victoria Jones 29th Jan
Q&As

What is the limitation period for a derogation from grant claim? For example, where the landlord has been in breach for over 15 years and the leaseholder of a long residential lease has never taken action but makes threats occasionally.

The principle of non-derogation from grant prevents a landlord from substantially interfering with any use for which premises are specifically let....
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29th Jan
Practice notes

Corporate Insolvency and Governance Act 2020—restructuring plan provisions

Spurred on by the coronavirus (COVID-19) pandemic, the government pushed through the Corporate Insolvency and Governance Act 2020 (CIGA 2020). The...
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29th Jan
tag iconCOVID-19
Practice notes

Practice Direction on Insolvency Proceedings

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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29th Jan
Practice notes

End-of-Term compensation for improvements under the Agricultural Tenancies Act 1995

Improvements are the only matters for which a tenant under a farm business tenancy may can claim compensation at the end of the term. For the purposes...
Read More >
29th Jan
Practice notes

End-of-Term compensation for ‘old’ improvements under the Agricultural Holdings Act 1986

EligibilityOn terminating their tenancy and quitting an agricultural holding, the tenant has a statutory right under the Agricultural Holdings Act...
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29th Jan
Practice notes

Agricultural tenancies — landlord claims for compensation at the end of the tenancy

Agricultural Holdings Act 1986Where the tenant quits all or part of a holding to which the Agricultural Holdings Act 1986 (AHA 1986) applies, the...
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29th Jan
Practice notes

Coronavirus (COVID-19)—property in Scotland

This Practice Note introduces the key implications that property practitioners in Scotland should consider in relation to the coronavirus pandemic,...
Read More >
29th Jan
Practice notes

Agricultural tenancies — end of tenancy compensation

On the termination of an agricultural tenancy, including where termination is the result of the landlord serving a notice to quit, both the landlord...
Read More >
29th Jan
Practice notes

End-of-Term compensation for 'relevant' improvements under the Agricultural Holdings Act 1986

Qualifying improvementsOn quitting an agricultural holding to which the Agricultural Holdings Act 1948 applies, the tenant is entitled under the...
Read More >
29th Jan
Practice notes

Agricultural tenancies — compensation for disturbance

A farm tenant may be entitled to compensation for disturbance where:•the tenant quits the holding after receiving a notice to quit from the landlord,...
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29th Jan
Practice notes

Pre-packs—landlords’ issues and remedies

Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the impact of the voluntary industry measures...
Read More >
28th Jan
Q&As

Does section 82 of the Coronavirus Act 2020 (the ban on business tenants being evicted) apply to tenancies at will and expired leases which have contracted out of the Landlord and Tenant Act 1954?

Tenancies at willSection 82 of the Coronavirus Act 2020 (CA 2020) applies to ‘relevant business tenancies’ which are defined at CA 2020, s 82(12) as...
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28th Jan

Popular documents

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006

Misrepresentation—rescission as a remedy

Misrepresentation—rescission as a remedy

This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when rescission is not permissible.For guidance on when a party may recover damages for a misrepresentation or seek to limit/exclude liability for

What is a solicitor's undertaking?

What is a solicitor's undertaking?

An undertaking is a commitment by a solicitor to do something. It can be enforced against the solicitor by the courts. Failure to comply with an undertaking can also be professional misconduct leading to disciplinary action by the SRA or SDT.This Practice Note explains what can constitute an

Competition Act Appeals—practice and procedure in the CAT

Competition Act Appeals—practice and procedure in the CAT

This Practice Note explains the key procedural stages in bringing or defending an appeal under section 46 or 47 of the Competition Act 1998 before the Competition Appeal Tribunal (CAT or the Tribunal).Sections 46 and 47 of the Competition Act 1998 enable appeals to be brought against decisions of