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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Practice notes

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Q&As

Latest Property Disputes News

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

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

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)

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

Forfeiture of a lease

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

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...

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

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...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

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...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

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...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

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...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

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...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

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

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

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...

29th Jan

In-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...

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...

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...

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...

29th Jan

COVID-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...

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...

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...

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....

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...

29th Jan

COVID-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...

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...

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...

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...

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,...

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...

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...

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,...

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...

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...

28th Jan