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鈥檚 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
Construction analysis: Earlier this month, a transcript of the first (and to date, only) judgment awarding a building liability order under the...
This week's edition of Property Disputes weekly highlights includes: coverage of the Spring Statement 2025, Upper Tribunal decisions concerning costs...
Following the publication of the Spring Statement on 26 March 2025, several built environment industry bodies have released their responses....
In the Spring Statement 2025, delivered on 26 March 2025, the Chancellor of the Exchequer, the RT Hon Rachel Reeves MP, announced a variety of...
Property Disputes analysis: The judgment considers the statutory test for a 鈥榮elf-contained part of a building鈥 contained in section 72(3)鈥(4) of the...
Latest Property Disputes Practice Notes
Negligence鈥攚hen is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence鈥攚hen does a duty of care...
Statements of truthThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
Taking control of goods鈥攆ees of the enforcement agentWhen do these fees apply?The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), together...
Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for...
Enforcement in Scottish civil litigationThis Practice Note considers enforcement in Scotland. For guidance on:鈥ey aspects of Scottish civil...
Latest Property Disputes Precedents
Draft Settlement agreement鈥攆or settling disputes post-commencement of proceedingsThis Agreement is made the day of 20[insert year]Parties:1[insert...
Letter of claim鈥攃ontractual debt claim鈥攊n compliance with the Pre-Action Protocol for Debt Claims[On the headed notepaper of the creditor鈥檚...
Particulars of claim鈥攃ontractual debt claimclaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
Agreement to suspend limitation鈥攕tandstill agreementThis Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name...
Covering letter to accompany Reply Form in response to letter of claim sent pursuant to the Pre-Action Protocol for Debt Claims[Name of creditor鈥檚...
Latest Property Disputes Q&As
Featured Property Disputes content
Forfeiture of a lease
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord鈥檚 right to bring a lease to an end as a result...
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...
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?
Occupiers鈥 liability
Occupiers鈥 liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?
Mortgagee in possession
Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
Rectification鈥攎utual mistake
Rectification鈥攎utual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
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 鈥榰se and occupation鈥 or...
Order for sale鈥攏ext steps after obtaining an order for sale
Order for sale鈥攏ext steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale...
Notice to complete
Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
Private nuisance鈥攇eneral principles
Private nuisance鈥攇eneral principlesWhat situations can give rise to a claim?Private nuisance is a 鈥榲iolation of real property rights鈥. It normally...
Successors in title鈥攍eases
Successors in title鈥攍easesThe meaning of the term 鈥榮uccessors in title鈥 will depend upon the context of the use of the term and also the drafting of...
Surrender by operation of law
Surrender by operation of lawA surrender by operation of law (or 鈥榠mplied surrender鈥) occurs when the unequivocal conduct of both parties is...
What happens to an underlease on termination of the lease?
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...
Estoppel and property law
Estoppel and property lawThis Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of...
Release from landlord's covenants鈥擫T(C)A 1995
Release from landlord's covenants鈥擫T(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...
Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?
Breach of Missives鈥攔emedies in Scotland
Breach of Missives鈥攔emedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
Associated legal terms
Accelerated Possession Proceedings
Proceedings governed by CPR Part 55 to recover possession of a property let on an assured shorthold tenancy where possession only is sought (ie no other claim, such as for unpaid rent is made). The proceedings are usually dealt with on paper, without the need for a hearing.
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.
Torts Notice
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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