Leasehold Property Disputes

3 Matter Plans Included

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Full Commentary - Leasehold Property Disputes - Acting for the Claimant
Reference materials
- AI Prompts
- Electronic Signing and Witnessing
- Looking to the Future
- Further information
- Article: Alternative dispute resolution
- Article: Costs actually
Overview and limitation periods

Civil litigation is the process of resolving civil disputes between parties that can include individuals, partnerships, companies, and businesses. The court system is split between the County Courts and the High Court, and the process is governed by the Civil Procedure Rules 1988.
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Summary of the process

The usual steps in acting for a claimant in a leasehold property dispute, whether representing a tenant or a landlord, are:
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Acting for the claimant landlord
- A. Getting the matter underway
  - Leasehold property dispute considerations
    
    The starting point for any action is the lease document itself. The covenants on the part of the landlord and tenant will usually be set out, and the document may also contain steps to resolve disputes. The steps should be followed to ensure that costs and court time are not wasted by unnecessary ...
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  - File cover sheet - Leasehold property disputes
  - To do list - Leasehold property disputes - Acting for the claimant landlord
  - First steps
  - Retainer instructions - Leasehold property disputes
  - Compliance documents
    
    Client Due Diligence and Anti-money Laundering Guidance
    
    Client Details, Identity Verification and Source of Funds
    
    Conflict of interest check
    
    Client and matter risk assessment
    
    If required - Reporting an issue
    
    Anti-money laundering internal disclosure
  - Initial letter to client enclosing Client Care and Terms of Business
  - Enclosures for initial letter to client
    
    Client care information
    
    Terms of business
    
    Scope of work - Leasehold property disputes - Acting for the claimant
    
    A summary of the property dispute resolution process
  - Funding a dispute matter
  - If required - Conditional fees and damages-based agreements
    
    Conditional fee agreement
    
    Conditional fee agreement
    
    Letter to client explaining barrister's fees
    
    Letter to client giving informed consent to conditional fee agreement
    
    Enclosure - Conditional fee agreements explained
    
    Damages-based agreements
    
    Damages-based agreement
    
    Letter to client enclosing damages-based agreement for signing
    
    Enclosure - Damages-based agreements
    
    Notice of funding of case or claim
  - Time and costs estimates
  - If required - Letter to client varying the Client Care and Terms of Business
    
    Letter to client varying the Client Care and Terms of Business
  - General deeds, agreements, statements, declarations, consents, and execution clauses
    
    Deeds and agreements
    
    Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
    
    Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
    
    Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
    
    Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
    
    Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing general consent
    
    Letter to third party enclosing general consent
    
    Letter to third party requesting personal data and enclosing client’s general consent
    
    Letter to third party requesting personal data and enclosing third party general consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
- B. Breach of lease covenants by tenants
  - Pre-action considerations
    
    Responsibility for the breach of covenant While the answer to this question may seem obvious, there are occasions when the relationships between the parties can become complex:
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  - Type of breach
    
    Practitioners should ascertain the type of breach and the date on which the breach occurred. Consideration should be given as to whether the breach is continuing or once-and-for-all. Continuing breaches are those that arise afresh each day, for example, a failure to insure, repair, or use the ...
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  - Remedy capability
    
    If the breach is such that it could be remedied and the property, parties, or position could be restored to the state before the breach, then the party at fault must be given the opportunity to do this.
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  - Waiving the right to demand a remedy
    
    If a party has acted in such a way that it can be inferred that the particular breach has been accepted it will be difficult for them to change their mind and now insist that some action is taken. If the lease is to be considered as terminated following a breach so serious as to render the lease ...
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  - Initial demand letter to commercial tenant before action - Arrears
  - Initial demand letter to residential tenant before action - Arrears
  - Initial demand letter to tenant before action - Non-rent breach of lease
  - Letter to client confirming initial demand letter before action has been sent
  - Letter to tenant chasing for response
  - Remediation
    
    Where the landlord simply requires the tenant to remedy the breach, and there is no suggestion that forfeiture may be required in future, there are several options available to the landlord.
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  - Notice to remedy breach of lease
  - Notice to lessee of breach of covenant to repair under Section 146 of the Law of Property Act 1925 and the Leasehold Property (Repairs) Act 1938
  - Letter to tenant notifying them of landlords intention to enter to carry out work
  - Forfeiture
    
    On the assumption that the tenant has not complied with the notice requiring that the breach be remedied or that no notice was needed because the ground for forfeiture is non-payment of rent, the next step is for the landlord to exercise their right to forfeit the lease and take possession of the ...
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  - Peaceable re-entry
    
    Re-entering a property where someone who may oppose the forfeiture is physically present is a criminal offence under s 6 of the Criminal Law Act 1977, even if the occupiers have no legal right to be there. Actual physical entry should be gained, and the locks should be changed. A dated notice ...
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  - Notice to former tenant regarding goods left at commercial premises
  - Notice before forfeiture under section 146 Law of Property Act 1925
  - Letter to tenant serving notice before forfeiture under s146 Law of Property Act 1925
  - Letter to client confirming that notice before forfeiture under s146 Law of Property Act 1925 has been served
  - Relief from forfeiture – Commercial properties
    
    Commercial tenants or interested third parties can apply to the court for relief from forfeiture, an equitable remedy which is at the discretion of the court. This would have the effect of putting the tenant and the lease back into the position they were in before the forfeiture proceedings were ...
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  - Relief from forfeiture – Residential properties
    
    Landlords of residential properties let on leases granted for more than 21 years which are lawfully occupied cannot forfeit the lease by peaceable re-entry, and may only forfeit the lease via court proceedings under ss 1 and 2 of the Protection from Eviction Act 1977. Peaceable ...
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  - Starting proceedings
    
    Part 55 and Practice Direction 55A of the Civil Procedure Rules govern the process involved in obtaining possession of properties, both residential and commercial. Obtaining possession from trespassers is also dealt with but is beyond the scope of this commentary. The N5 Claim Form ...
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  - Claim form for possession of property
  - Clause - Particulars of claim for property possession proceedings - Non-payment of rent
  - Clause - Particulars of claim for property possession proceedings - Other breaches
  - Clause - Particulars of claim for property possession proceedings - End of commercial tenancy
  - Letter to court filing documents
  - Letter to defendant serving claim
  - Letter to defendant's solicitor serving claim
  - Enclosures for attaching to the letter serving claim - Response pack
    
    Defence form
    
    Notice of funding of case or claim
    
    Response pack
    
    Admission (unspecified amount, non-money and return of goods claims)
    
    Defence and counterclaim (unspecified amount, non-money and return of goods claims)
    
    Guidance for defendants replying to the claim form: N1C
    
    If required - Breach of lease covenants by landlords
    
    Breach of lease covenants by landlords
    
    The landlord’s responsibilities under a lease are few, so the scope for breaches is significantly less than for tenants. Generally, breaches occur in connection with the landlord’s repairing obligations or the landlord's covenant to grant the tenant quiet enjoyment of the property.
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- C. Service charge issues
  - Commercial properties
    
    Leases relating to commercial properties are not regulated by statute, and any details should be carefully set out in the lease to endeavour to prevent ambiguity and disputes. The courts are unlikely to imply a term relating to service charges into a lease where one is not expressly made. It is ...
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  - Residential properties
    
    The lease provisions may indicate a process for dealing with disputes relating to service charges. This process should be followed before other action is taken. If the lease is defective or unclear about service charge provisions, there are several statutory protections in place for most ...
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- D. Dilapidations and hazard assessment
  - Dilapidations – Commercial properties
    
    Dilapidations due to failure by the tenant to observe the covenants in the lease are breaches by the tenant. The covenants that are most usually breached are those to:
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  - Pre-action considerations
    
    Responsibility for the breach of covenant While the answer to this question may seem obvious, there are occasions when the relationships between the parties can become complex:
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  - Quantified demand
  - Schedule of dilapidations
  - Letter to landlord enclosing schedule of dilapidations for signature
  - Letter to tenant serving schedule of dilapidations
  - Letter to guarantor serving schedule of dilapidations
  - Letter to third party serving schedule of dilapidations
  - Court proceedings
    
    Practitioners should consider alternative dispute resolution and adhere to the Practice Direction – Pre-action Conduct and Protocols before beginning court action. The tenant can make an application for specific performance or a mandatory injunction requiring the landlord to carry out the work. ...
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  - Hazard assessment – Residential properties
    
    The Housing Act 2004 created a system of assessment and enforcement for residential properties, whether leasehold or freehold. The Housing Health and Safety Rating System (HHSRS) is a risk assessment process created by the government. It sets out a framework for local authorities to assess ...
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- E. Settling the matter
  - Settling the matter
  - Letter to the other side’s solicitor suggesting alternative dispute resolution
  - Mediation settlement agreement
  - Letter to defendant’s solicitor making Calderbank offer
  - Early neutral evaluation agreement
  - Neutral evaluator confirmation and agreement
  - Arbitration agreement
  - If required - Part 36 offers
    
    Enclosure - Part 36 offers
    
    Letter to client suggesting making a Part 36 offer
    
    Offer to settle (Section I Part 36)
    
    Letter to other side's solicitor making Part 36 offer
    
    Letter to client enclosing copy Part 36 offer made
    
    Letter to client enclosing copy Part 36 offer received
  - Settlement agreement
  - Letter to client with draft settlement agreement
  - Letter to other side's solicitor with settlement agreement
  - Letter to court confirming settlement
  - General form of judgment or order
  - Library of example consent orders
    
    Clause - Consent order for judgment notation of agreement
    
    Clause - Consent order payment inclusive of costs
    
    Clause - Consent order judgment in favour of one party
    
    Clause - Consent order for proceedings to be dismissed with no order as to costs
    
    Clause - Consent order for acceptance of lesser sum
    
    Clause - Consent order Tomlin wording for stay of proceedings
  - Letter to other side's solicitor sending draft consent order
  - Letter to court filing draft consent order on settlement
- F. Tribunal practice and procedure - Residential properties
  - Tribunal practice and procedure – Residential properties only
    
    Tribunals are orderly but informal, and parties often represent themselves. The rules set out in The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 are often applied lightly. Under s 27A of the Landlord and Tenant Act 1985, either a tenant or a landlord can apply to the ...
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  - Letter to tribunal filing documents
  - Letter to defendant serving First-tier Tribunal (Property Chamber) application
  - Charges
    
    The tribunal can decide whether a charge, service charge, administration charge, charge for planned works, or estate charge is reasonable. This will usually involve the tribunal considering whether the work or service was:
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  - Apply for a determination of liability to pay an administration charge or for a variation of a fixed administration charge
  - Appointment of manager
    
    Tenants who are unhappy with the way that a building is being managed may apply to the tribunal for a manager to be appointed under s 24 of the Landlord and Tenant Act 1987. Tenants cannot apply if the landlord is a local authority, a housing association, or a charity. Tenants also cannot ...
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  - Right to manage issues
    
    For further discussion of the collective right to manage a building, see the Enfranchisement guide. Tenants of properties in Wales can apply to the Leasehold Valuation Tribunal for a tenant’s association to be formally recognised.
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  - Variation of a lease
    
    While parties usually agree on the variation of leases, on occasion agreement is not forthcoming or logistically possible. In those circumstances an application can be made to the tribunal, which can impose a variation.
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  - Variation of a lease or leases
  - Breach of covenant
    
    The tribunal can be asked to rule on whether a covenant in the lease has been breached. This is essential for landlords seeking to forfeit a lease. See Forfeiture.
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  - Apply for an order that a breach of a lease has occurred
  - Housing Act 2004
    
    Several applications can be made by local authorities to control the behaviour of landlords or regulate the quality of the property that is being provided. See Hazard assessment – Residential properties for details.
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  - Process
    
    Determination of the breach – Residential properties For breaches of tenant covenants in residential leases which do not relate to non-payment of rent, service charge, or administration charges the landlord must satisfy one of the three conditions set out in full in s 168 of the Commonhold and ...
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  - Notice
    
    The application form will indicate if notice of the application must be served on another party. It may be sensible to serve notice even if it is not compulsory to do so, which may persuade a recalcitrant party to respond, although by this stage all other forms of alternative dispute resolution ...
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  - Letter to defendant giving notice of intended tribunal application
  - Costs and fees
    
    Under s 20C of the Landlord and Tenant Act 1985 and s 131 of the Housing and Planning Act 2016 tenants can ask the tribunal to order that the legal costs of the tribunal proceedings not be added to the service or administration charges by the landlord. This application, if made at the ...
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  - Residential Property Tribunal of Wales – Application fees
  - Case management
    
    The tribunal may make directions either of their own volition or on the written application of a party using form Order 1 – Application for an Order or a Matter you Want a Tribunal Judge to Consider. Any party can ask for a witness to be summoned. The tribunal can issue this summons without ...
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  - Applications and requests for case management or other interim orders
  - Letter to expert requesting report
  - Withdrawal
    
    A party can apply to withdraw from the proceedings, but the consent of the tribunal is required. An application can be made using form Withdrawal 1 – Application to Withdraw a Case.
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  - Application to withdraw a case
  - Hearing
    
    Within the application form, the parties can confirm whether they believe that the tribunal can deal with the matter without a hearing. If everyone involved agrees then the matter will be dealt with on the papers alone. In this event the pre-hearing fee will not be payable. If a hearing is ...
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  - Application to set aside
    
    Requests to set aside the decision under s 51 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 can be made in writing within 28 days of the decision or the reasons for the decision, if they were received later. The decision will only be set aside if it’s in ...
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  - Appeals
    
    A decision made in the English First-tier Tribunal or Welsh Lease Valuation Tribunal can be appealed to the Upper Tribunal. However, to do so, the consent of the initial tribunal is required. Applications must be made within 28 days, or 21 days if the decision was made by the Welsh ...
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  - Application for permission to appeal a decision to the Upper Tribunal (Lands Chamber)
- G. Court practice and procedure
  - Court practice and procedure, including limitation and issuing claims
  - If required - Limitation issues
    
    Standstill agreement to extend limitation
    
    Standstill agreement to suspend limitation
  - If required - Part 8 of the civil procedure rules
    
    Preparing the Part 8 Claim Form
    
    Claim form (CPR Part 8)
    
    Serving the issued Part 8 Claim Form
    
    Acknowledgment of service by the defendant
    
    The form N210B Acknowledgment of Service should be filed by the defendant within 14 days of service of the claim form. It should show whether the defendant is contesting the claim or if they seek a different remedy than that which is set out in the claim form. The acknowledgment should ...
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    Evidence
    
    Under r 8.5, written evidence is to be filed with the Claim Form or Acknowledgment of Service, but either party may apply to the court for an extension of time to file and serve additional evidence. See Evidence under Disclosure and evidence for more information.
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    Trial
    
    At the hearing, the court may hear and dispose of the case or give directions. See Final hearing for more information.
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  - Letter to client enclosing overview of court process
  - Enclosure - Overview of the litigation process from a claimant's point of view
  - Notice before forfeiture under Practice Direction 55C
  - Issue a claim for damages with MyHMCTS
  - Money Claim Online (MCOL)
- H. Statements of case, filing and service
  - Starting a claim
  - Letter to court filing documents
  - Claim form (CPR Part 7)
  - Claim form (N1SDT)
  - Clause - Particulars of claim
  - Service
  - Letter to defendant serving claim
  - Letter to defendant's solicitor serving claim
  - Enclosures for letter serving claim - Response pack
    
    Guidance for defendants replying to the claim form: N1C
    
    Response pack
    
    Admission (specified amount)
    
    Admission (unspecified amount, non-money and return of goods claims)
    
    Defence form
    
    Defence and counterclaim (specified amount)
    
    Defence and counterclaim (unspecified amount, non-money and return of goods claims)
  - Letter to defendant providing particulars of claim after MCOL claim
  - Letter to court providing particulars of claim after MCOL claim
  - Certificate of service
  - Defendant’s response
  - Example content - Reply to defence
  - Extension of time
  - Letter to defendant's solicitor responding to request for extension of time
  - Counterclaims and additional claims
- I. Interim applications
  - Interim applications
  - Letter to client with advice about default judgment
  - Request for judgment and reply to admission (specified amount)
  - Letter to client with advice about summary judgment
  - Application notice
  - General form of judgment or order
  - Letter to court filing documents
  - If required - Evidence
    
    Letter to court filing written evidence
    
    Letter to other side's solicitor serving written evidence
  - Letter to client after summary judgment success
- J. Case management and directions
  - Case management, including directions questionnaire
  - Directions questionnaire (small claims track)
  - Directions questionnaire (fast track, intermediate track and multi-track)
  - Enclosures for directions questionnaire - Disclosure and costs
    
    Disclosure report
    
    Costs budget (Precedent H) and budget discussion report (Precedent R)
    
    Precedent T - (budget variation summary sheet)
    
    Using the automated app – Precedent H – Costs budget
    
    Using the automated app – Precedent S – Bill of costs
  - Letter to client confirming costs budget
  - Letter to defendant's solicitor serving costs budget
  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire (pre-trial checklist)
  - Letter to court filing documents
  - Application notice
  - General form of judgment or order
- K. Disclosure and evidence
  - Disclosure
  - Letter to client regarding disclosure
  - Standard disclosure
  - Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
  - Disclosure report
  - Letter to other side's solicitor enclosing disclosure report
  - Letter to other side's solicitor requesting to inspect documents
  - Evidence
    
    Under r 8.5, written evidence is to be filed with the Claim Form or Acknowledgment of Service, but either party may apply to the court for an extension of time to file and serve additional evidence. See Evidence under Disclosure and evidence for more information.
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  - Library of evidence documents
    
    Proof of evidence
    
    Witness statement - Civil matters
    
    Example content - Witness statement for civil matters
    
    Exhibit sheet to witness statement - Civil matters
    
    General form of affidavit
    
    Clause - Affidavit for civil matters
    
    Exhibit sheet for affidavits - Civil matters
    
    Notice of intention to rely on hearsay evidence
    
    Notice to admit facts
  - Letter to court filing documents
  - Letter to court filing written evidence
  - Letter to other side's solicitor serving written evidence
  - Expert witnesses
  - If required - Expert witnesses
    
    Letter to expert requesting report
    
    Letter to client enclosing expert's report
    
    Letter to court filing expert's report
    
    Letter to other side's solicitor serving expert's report
- L. Final hearing and costs
  - Preparation for the final hearing, including court bundles
  - Letter to counsel enclosing brief
  - Brief to counsel - Civil matters
  - Letter to client advising of court hearing date
  - Letter to court advising client will not attend
  - Letter to witness advising hearing date
  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire (pre-trial checklist)
  - Letter to court filing documents
  - County Court, High Court and Appeal Court - Trial bundle cover page
  - County Court, High Court and Appeal Court - Trial bundle index
  - Case summary
  - Chronology - Civil matters
  - Letter to other side's solicitor enclosing index to trial bundle
  - Letter to other side's solicitor enclosing trial bundle
  - Letter to court filing trial bundle
  - Costs budget (Precedent H) and budget discussion report (Precedent R)
  - Precedent T - (budget variation summary sheet)
  - Using the automated app – Precedent H – Costs budget
  - Using the automated app – Precedent S – Bill of costs
- M. Finalising the matter
  - Land Registry entries
    
    Steps should be taken to remove the irrelevant entries and close the old leasehold titles where leases were registered with HM Land Registry but have now been determined. An application should be made using form AP1 Application to Change the Register. It should be accompanied by a statement of ...
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  - Application to change the register
  - Letter to Land Registry enclosing AP1 to change the register and supporting documents
  - Letter to client confirming registration and enclosing copy title and documents
  - Settled matters
    
    Practitioners are required to advise the court immediately when a matter before them is settled. Until a settlement agreement, consent orders, or a notice of discontinuance is filed, the parties must attend before the court if the matter is listed.
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  - If required - Discontinuance
    
    Letter to court filing documents
    
    Notice of discontinuance
  - Advising the client
    
    The client should be advised of the outcome in writing of any element of the judgment that requires them to act. They need to be aware of any costs consequences associated with not taking the action that breaches the court order. If the client has been successful, it is important to provide them ...
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  - Letter to client advising successful outcome and enclosing invoice
  - Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
  - Letter to client finalising the matter
  - Example invoice
  - Invoice recital - Leasehold property disputes - Acting for the claimant
  - Enclosure - Explaining the bill
  - Closing the file
  - File closing checklist
  - File review form - General
Acting for the claimant tenant
- A. Getting the matter underway
  - Leasehold property dispute considerations
    
    The starting point for any action is the lease document itself. The covenants on the part of the landlord and tenant will usually be set out, and the document may also contain steps to resolve disputes. The steps should be followed to ensure that costs and court time are not wasted by unnecessary ...
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  - File cover sheet - Leasehold property disputes
  - To do list - Leasehold property disputes - Acting for the claimant tenant
  - First steps
  - Retainer instructions - Leasehold property disputes
  - Compliance documents
    
    Client Due Diligence and Anti-money Laundering Guidance
    
    Client Details, Identity Verification and Source of Funds
    
    Conflict of interest check
    
    Client and matter risk assessment
    
    If required - Reporting an issue
    
    Anti-money laundering internal disclosure
  - Initial letter to client enclosing Client Care and Terms of Business
  - Enclosures for initial letter to client
    
    Client care information
    
    Terms of business
    
    Scope of work - Leasehold property disputes - Acting for the claimant
    
    A summary of the property dispute resolution process
  - Funding a dispute matter
  - If required - Conditional fees and damages-based agreements
    
    Conditional fee agreement
    
    Conditional fee agreement
    
    Letter to client explaining barrister's fees
    
    Letter to client giving informed consent to conditional fee agreement
    
    Enclosure - Conditional fee agreements explained
    
    Damages-based agreements
    
    Damages-based agreement
    
    Letter to client enclosing damages-based agreement for signing
    
    Enclosure - Damages-based agreements
    
    Notice of funding of case or claim
  - Time and costs estimates
  - If required - Letter to client varying the Client Care and Terms of Business
    
    Letter to client varying the Client Care and Terms of Business
  - General deeds, agreements, statements, declarations, consents, and execution clauses
    
    Deeds and agreements
    
    Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
    
    Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
    
    Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
    
    Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
    
    Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing general consent
    
    Letter to third party enclosing general consent
    
    Letter to third party requesting personal data and enclosing client’s general consent
    
    Letter to third party requesting personal data and enclosing third party general consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
- B. Breach of lease covenants by landlords
  - Breach of repairing obligations
    
    Pre-action considerations
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  - Letter to local authority requesting risk assessment
  - Notice of landlord's breaches of repairing covenants
  - Letter to landlord serving notice of breach of repairing covenants
  - Letter to client confirming that notice of landlord's breach of repairing covenants has been served
  - Apply for an order that a breach of a lease has occurred
  - Breach of quiet enjoyment covenant
    
    Pre-action considerations
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  - Letter to landlord confirming rent deduction for work
  - If required - Breach of lease covenants by tenants
    
    Breach of lease covenants by tenants
    
    Pre-action considerations
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- C. Service charge issues, dilapidations and hazard assessment
  - Service charge issues
    
    A service charge is a mechanism contained in a lease to allow the landlord to reclaim particular costs from the tenant. The lease sets out which costs can be reclaimed and the processes by which the amounts are determined, communicated to the tenants, and paid by them.
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  - Dilapidations – Commercial properties
    
    Dilapidations due to failure by the tenant to observe the covenants in the lease are breaches by the tenant. The covenants that are most usually breached are those to:
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  - Hazard assessment – Residential properties
    
    The Housing Act 2004 created a system of assessment and enforcement for residential properties, whether leasehold or freehold. The Housing Health and Safety Rating System (HHSRS) is a risk assessment process created by the government. It sets out a framework for local authorities to assess ...
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- D. Settling the matter
  - Settling the matter
  - Letter to the other side’s solicitor suggesting alternative dispute resolution
  - Mediation settlement agreement
  - Letter to defendant’s solicitor making Calderbank offer
  - Early neutral evaluation agreement
  - Neutral evaluator confirmation and agreement
  - Arbitration agreement
  - If required - Part 36 offers
    
    Enclosure - Part 36 offers
    
    Letter to client suggesting making a Part 36 offer
    
    Offer to settle (Section I Part 36)
    
    Letter to other side's solicitor making Part 36 offer
    
    Letter to client enclosing copy Part 36 offer made
    
    Letter to client enclosing copy Part 36 offer received
  - Settlement agreement
  - Letter to client with draft settlement agreement
  - Letter to court confirming settlement
  - General form of judgment or order
  - Library of example consent orders
    
    Clause - Consent order for judgment notation of agreement
    
    Clause - Consent order payment inclusive of costs
    
    Clause - Consent order judgment in favour of one party
    
    Clause - Consent order for proceedings to be dismissed with no order as to costs
    
    Clause - Consent order for acceptance of lesser sum
    
    Clause - Consent order Tomlin wording for stay of proceedings
  - Letter to other side's solicitor sending draft consent order
  - Letter to court filing draft consent order on settlement
- E. Tribunal practice and procedure - Residential properties
  - Tribunal practice and procedure – Residential properties only
    
    Tribunals are orderly but informal, and parties often represent themselves. The rules set out in The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 are often applied lightly. Under s 27A of the Landlord and Tenant Act 1985, either a tenant or a landlord can apply to the ...
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  - Charges
    
    The tribunal can decide whether a charge, service charge, administration charge, charge for planned works, or estate charge is reasonable. This will usually involve the tribunal considering whether the work or service was:
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  - Appointment of manager
    
    Tenants who are unhappy with the way that a building is being managed may apply to the tribunal for a manager to be appointed under s 24 of the Landlord and Tenant Act 1987. Tenants cannot apply if the landlord is a local authority, a housing association, or a charity. Tenants also cannot ...
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  - Right to manage issues
    
    For further discussion of the collective right to manage a building, see the Enfranchisement guide. Tenants of properties in Wales can apply to the Leasehold Valuation Tribunal for a tenant’s association to be formally recognised.
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  - Variation of a lease
    
    While parties usually agree on the variation of leases, on occasion agreement is not forthcoming or logistically possible. In those circumstances an application can be made to the tribunal, which can impose a variation.
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  - Breach of covenant
    
    The tribunal can be asked to rule on whether a covenant in the lease has been breached. This is essential for landlords seeking to forfeit a lease. See Forfeiture.
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  - Housing Act 2004
    
    Several applications can be made by local authorities to control the behaviour of landlords or regulate the quality of the property that is being provided. See Hazard assessment – Residential properties for details.
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  - Process
    
    Determination of the breach – Residential properties For breaches of tenant covenants in residential leases which do not relate to non-payment of rent, service charge, or administration charges the landlord must satisfy one of the three conditions set out in full in s 168 of the Commonhold and ...
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  - Letter to defendant serving First-tier Tribunal (Property Chamber) application
  - Apply for a determination of liability to pay an administration charge or for a variation of a fixed administration charge
  - Variation of a lease or leases
  - Apply for an order that a breach of a lease has occurred
  - Notice
    
    The application form will indicate if notice of the application must be served on another party. It may be sensible to serve notice even if it is not compulsory to do so, which may persuade a recalcitrant party to respond, although by this stage all other forms of alternative dispute resolution ...
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  - Letter to defendant giving notice of intended tribunal application
  - Costs and fees
    
    Under s 20C of the Landlord and Tenant Act 1985 and s 131 of the Housing and Planning Act 2016 tenants can ask the tribunal to order that the legal costs of the tribunal proceedings not be added to the service or administration charges by the landlord. This application, if made at the ...
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  - Residential Property Tribunal – Application fees
  - Case management
    
    The tribunal may make directions either of their own volition or on the written application of a party using form Order 1 – Application for an Order or a Matter you Want a Tribunal Judge to Consider. Any party can ask for a witness to be summoned. The tribunal can issue this summons without ...
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  - Letter to expert requesting report
  - Letter to tribunal filing documents
  - Applications and requests for case management or other interim orders
  - Withdrawal
    
    A party can apply to withdraw from the proceedings, but the consent of the tribunal is required. An application can be made using form Withdrawal 1 – Application to Withdraw a Case.
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  - Application to withdraw a case
  - Hearing
    
    Within the application form, the parties can confirm whether they believe that the tribunal can deal with the matter without a hearing. If everyone involved agrees then the matter will be dealt with on the papers alone. In this event the pre-hearing fee will not be payable. If a hearing is ...
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  - Application to set aside
    
    Requests to set aside the decision under s 51 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 can be made in writing within 28 days of the decision or the reasons for the decision, if they were received later. The decision will only be set aside if it’s in ...
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  - Appeals
    
    A decision made in the English First-tier Tribunal or Welsh Lease Valuation Tribunal can be appealed to the Upper Tribunal. However, to do so, the consent of the initial tribunal is required. Applications must be made within 28 days, or 21 days if the decision was made by the Welsh ...
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  - Application for permission to appeal a decision to the Upper Tribunal (Lands Chamber)
- F. Court practice and procedure
  - Court practice and procedure, including limitation and issuing claims
  - If required - Limitation issues
    
    Standstill agreement to extend limitation
    
    Standstill agreement to suspend limitation
  - If required - Part 8 of the Civil Procedure Rules
    
    Part 8 claims
    
    Claim form (CPR Part 8)
  - Letter to client enclosing overview of court process
  - Enclosure - Overview of the litigation process from a claimant's point of view
  - Money Claim Online (MCOL)
  - Issue a claim for damages with MyHMCTS
- G. Statements of case, filing and service
  - Starting a claim
  - Claim form (CPR Part 7)
  - Claim form (N1SDT)
  - Clause - Particulars of claim
  - Letter to court filing claim
  - Service
  - Letter to defendant serving claim
  - Letter to defendant's solicitor serving claim
  - Enclosures for letter serving claim - Response pack
    
    Guidance for defendants replying to the claim form: N1C
    
    Response pack
    
    Admission (specified amount)
    
    Admission (unspecified amount, non-money and return of goods claims)
    
    Defence form
    
    Defence and counterclaim (specified amount)
    
    Defence and counterclaim (unspecified amount, non-money and return of goods claims)
    
    Notice of funding of case or claim
  - Letter to defendant providing particulars of claim after MCOL claim
  - Letter to court providing particulars of claim after MCOL claim
  - Certificate of service
  - Defendant’s response
  - Example content - Reply to defence
  - Extension of time
  - Letter to defendant's solicitor responding to request for extension of time
  - Counterclaims and additional claims
- H. Interim applications
  - Interim applications
  - Letter to client with advice about default judgment
  - Request for judgment and reply to admission (specified amount)
  - Letter to client with advice about summary judgment
  - Application notice
  - General form of judgment or order
  - Letter to court filing documents
  - If required - Evidence
    
    Letter to court filing written evidence
    
    Letter to other side's solicitor serving written evidence
  - Letter to client after summary judgment success
- I. Case management and directions
  - Case management, including directions questionnaire
  - Directions questionnaire (small claims track)
  - Directions questionnaire (fast track, intermediate track and multi-track)
  - Enclosures for directions questionnaire - Disclosure and costs
    
    Disclosure report
    
    Costs budget (Precedent H) and budget discussion report (Precedent R)
    
    Precedent T - (budget variation summary sheet)
    
    Using the automated app – Precedent H – Costs budget
    
    Using the automated app – Precedent S – Bill of costs
  - Letter to client confirming costs budget
  - Letter to defendant's solicitor serving costs budget
  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire (pre-trial checklist)
  - Application notice
  - General form of judgment or order
  - Letter to court filing documents
- J. Disclosure and evidence
  - Disclosure
  - Letter to client regarding disclosure
  - Standard disclosure
  - Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
  - Disclosure report
  - Letter to other side's solicitor enclosing disclosure report
  - Letter to other side's solicitor requesting to inspect documents
  - Evidence
    
    Under r 8.5, written evidence is to be filed with the Claim Form or Acknowledgment of Service, but either party may apply to the court for an extension of time to file and serve additional evidence. See Evidence under Disclosure and evidence for more information.
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  - Library of evidence documents
    
    Proof of evidence
    
    Witness statement - Civil matters
    
    Example content - Witness statement for civil matters
    
    Exhibit sheet to witness statement - Civil matters
    
    General form of affidavit
    
    Clause - Affidavit for civil matters
    
    Exhibit sheet for affidavits - Civil matters
    
    Notice of intention to rely on hearsay evidence
    
    Notice to admit facts
  - Letter to court filing documents
  - Letter to court filing written evidence
  - Letter to other side's solicitor serving written evidence
  - Expert witnesses
  - If required - Expert witnesses
    
    Letter to expert requesting report
    
    Letter to client enclosing expert's report
    
    Letter to court filing expert's report
    
    Letter to other side's solicitor serving expert's report
- K. Final hearing and costs
  - Preparation for the final hearing, including court bundles
  - Letter to counsel enclosing brief
  - Brief to counsel - Civil matters
  - Letter to client advising of court hearing date
  - Letter to court advising client will not attend
  - Letter to witness advising hearing date
  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire (pre-trial checklist)
  - Letter to court filing documents
  - County Court, High Court and Appeal Court - Trial bundle cover page
  - County Court, High Court and Appeal Court - Trial bundle index
  - Case summary
  - Chronology - Civil matters
  - Letter to other side's solicitor enclosing index to trial bundle
  - Letter to other side's solicitor enclosing trial bundle
  - Letter to court filing trial bundle
  - Costs budget (Precedent H) and budget discussion report (Precedent R)
  - Precedent T - (budget variation summary sheet)
  - Using the automated app – Precedent H – Costs budget
  - Using the automated app – Precedent S – Bill of costs
- L. Finalising the matter
  - Land Registry entries
    
    Steps should be taken to remove the irrelevant entries and close the old leasehold titles where leases were registered with HM Land Registry but have now been determined. An application should be made using form AP1 Application to Change the Register. It should be accompanied by a statement of ...
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  - Letter to Land Registry enclosing AP1 to change the register and supporting documents
  - Application to change the register
  - Letter to client confirming registration and enclosing copy title and documents
  - Settled matters
    
    Practitioners are required to advise the court immediately when a matter before them is settled. Until a settlement agreement, consent orders, or a notice of discontinuance is filed, the parties must attend before the court if the matter is listed.
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  - If required - Discontinuance
    
    Letter to court filing documents
    
    Notice of discontinuance
  - Advising the client
    
    The client should be advised of the outcome in writing of any element of the judgment that requires them to act. They need to be aware of any costs consequences associated with not taking the action that breaches the court order. If the client has been successful, it is important to provide them ...
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  - Letter to client advising successful outcome and enclosing invoice
  - Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
  - Letter to client finalising the matter
  - Example invoice
  - Invoice recital - Leasehold property disputes - Acting for the claimant
  - Enclosure - Explaining the bill
  - Closing the file
  - File closing checklist
  - File review form - General
Comments and suggestions for By Lawyers

ALERTS - Nil
Full Commentary - Leasehold Property Disputes - Acting for the Defendant
Reference materials
- AI Prompts
- Electronic Signing and Witnessing
- Looking to the Future
- Further information
- Article: Alternative dispute resolution
- Article: Costs actually
Overview and limitation periods

This publication focuses on civil claims relating to commercial and residential properties where the dispute relates to a lease. The starting point for any action is the lease document. The covenants on the part of the landlord and tenant will usually be set out and the document may also contain ...
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Summary of the process

The usual steps in acting for a defendant in a leasehold property dispute, whether representing a tenant or a landlord, are:
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Acting for the defendant landlord
- A. Getting the matter underway
  - File cover sheet - Leasehold property disputes
  - To do list - Leasehold property disputes - Acting for the defendant landlord
  - First steps
  - Retainer instructions - Leasehold property disputes
  - Compliance documents
    
    Client Due Diligence and Anti-money Laundering Guidance
    
    Client Details, Identity Verification and Source of Funds
    
    Conflict of interest check
    
    Client and matter risk assessment
    
    If required - Reporting an issue
    
    Anti-money laundering internal disclosure
  - Initial letter to client enclosing Client Care and Terms of Business
  - Enclosures for initial letter to client
    
    Client care information
    
    Terms of business
    
    Scope of work - Leasehold property disputes - Acting for the defendant
    
    A summary of the property dispute resolution process
  - Funding a dispute matter
  - If required - Conditional fee agreements
    
    Conditional fee agreement
    
    Conditional fee agreement
    
    Letter to client explaining barrister's fees
    
    Letter to client giving informed consent to conditional fee agreement
    
    Enclosure - Conditional fee agreements explained
    
    Notice of funding of case or claim
  - Time and costs estimates
  - If required - Letter to client varying the Client Care and Terms of Business
    
    Letter to client varying the Client Care and Terms of Business
  - General deeds, agreements, statements, declarations, consents, and execution clauses
    
    Deeds and agreements
    
    Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
    
    Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
    
    Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
    
    Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
    
    Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing general consent
    
    Letter to third party enclosing general consent
    
    Letter to third party requesting personal data and enclosing client’s general consent
    
    Letter to third party requesting personal data and enclosing third party general consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
- B. Breach of lease covenants by landlords
  - Breach of lease covenants by landlords
    
    The landlord’s responsibilities under a lease are few, so the scope for breaches is significantly less than for tenants. Generally breaches occur in connection with the landlord’s repairing obligations or the landlords’ covenant to grant the tenant quiet enjoyment of the property.
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  - Letter to court responding to claim
  - Response pack
  - Admission (unspecified amount, non-money and return of goods claims)
  - Defence form
  - If required - Breach of lease covenants by tenants
    
    Breach of lease covenants by tenants
    
    Pre-action considerations
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- C. Service charge issues
  - Commercial properties
    
    Leases relating to commercial properties are not regulated by statute and any details should therefore be carefully set out in the lease to endeavour to prevent ambiguity and disputes. The courts are unlikely to imply a term relating to service charges into a lease where one is not expressly made. ...
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  - Residential properties
    
    The lease provisions may indicate a process for dealing with disputes relating to service charges and this process should be followed before other action is taken. In the event that the lease is defective or unclear with regard to service charge provisions several statutory protections are in place ...
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  - Residential Property Tribunal - Application form – LVT6
- D. Dilapidations and hazard assessment
  - Dilapidations – Commercial properties
    
    Dilapidations due to failure by the tenant to observe the covenants in the lease are breaches by the tenant. The covenants which are most usually breached are those to:
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  - Hazard assessment – Residential properties
    
    The Housing Act 2004 created a system of assessment and enforcement for residential properties, whether leasehold or freehold. The Housing Health and Safety Rating System (HHSRS) is a risk assessment process created by the government as a response and sets out a framework for local authorities to ...
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  - Letter to local authority giving reasons for inability to comply with Housing Act 2004 notice
  - Orders
    
    Demolition order In extreme cases local authorities can order the owner to demolish the property or take possession and arrange the demolition themselves. In deciding whether to make this order the local authority must take into account:
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  - Applications relating to improvement notices, prohibition orders, demolition orders and emergency measures
  - Letter to tribunal filing documents
  - Letter to local authority making representations against a banning order
  - Form BN3 Application for authorisation to transfer an estate in land to a prohibited person
  - Form BN2: Apply for revocation and variation of banning orders
- E. Settling the matter
  - Settling the matter
  - Letter to the other side’s solicitor suggesting alternative dispute resolution
  - Mediation settlement agreement
  - Letter to claimant’s solicitor making Calderbank offer
  - Early neutral evaluation agreement
  - Neutral evaluator confirmation and agreement
  - Arbitration agreement
  - If required - Part 36 offers
    
    Enclosure - Part 36 offers
    
    Letter to client suggesting making a Part 36 offer
    
    Offer to settle (Section I Part 36)
    
    Letter to other side's solicitor making Part 36 offer
    
    Letter to client enclosing copy Part 36 offer made
    
    Letter to client enclosing copy Part 36 offer received
  - Settlement agreement
  - Letter to client with draft settlement agreement
  - Letter to other side's solicitor with settlement agreement
  - Letter to court confirming settlement
  - General form of judgment or order
  - Library of example consent orders
    
    Clause - Consent order for judgment notation of agreement
    
    Clause - Consent order payment inclusive of costs
    
    Clause - Consent order judgment in favour of one party
    
    Clause - Consent order for proceedings to be dismissed with no order as to costs
    
    Clause - Consent order for acceptance of lesser sum
    
    Clause - Consent order Tomlin wording for stay of proceedings
  - Letter to other side's solicitor sending draft consent order
  - Letter to court filing draft consent order on settlement
- F. Tribunal practice and procedure - Residential properties
  - Tribunal practice and procedure – Residential properties only
    
    Tribunals are orderly but informal and parties often represent themselves. The rules set out in The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 are often applied lightly. Under s 27A of the Landlord and Tenant Act 1985 either a tenant or a landlord can apply to the ...
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  - Letter to tribunal filing documents
  - Variation of a lease
    
    While parties usually agree on the variation of leases, on occasion agreement is not forthcoming or logistically possible. In those circumstances an application can be made to the tribunal, which can impose a variation.
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  - Variation of a lease or leases
  - The process
  - Case management
    
    The tribunal may make directions either of their own volition or on the written application of a party using form Order 1 – Application for an Order or a Matter you Want a Tribunal Judge to Consider. Any party can ask for a witness to be summoned and the tribunal can issue this summons without ...
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  - Applications and requests for case management or other interim orders
  - Letter to expert requesting report
  - Withdrawal
    
    A party can apply to withdraw from the proceedings, but the consent of the tribunal is required. An application can be made using form Withdrawal 1 – Application to Withdraw a Case.
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  - Application to withdraw a case
  - Hearing
    
    Within the application form the parties can confirm whether they believe that the matter can be dealt with by the tribunal without a hearing. If everyone involved agrees then the matter will be dealt with on the papers alone. In this event the pre-hearing fee will not be payable. If a hearing is ...
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  - Application to set aside
    
    Requests to set aside the decision under s 51 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 can be made in writing within 28 days of the decision or the reasons for the decision, if they were received later. The decision will only be set aside if it’s in ...
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  - Appeals
    
    A decision made in the English First-tier Tribunal or Welsh Lease Valuation Tribunal can be appealed to the Upper Tribunal, but the consent of the initial tribunal is required to do so. Applications must be made within 28 days, or 21 days if the decision was made by the Welsh Leasehold ...
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  - Application for permission to appeal a decision to the Upper Tribunal (Lands Chamber)
- G. Court practice and procedure
  - Court practice and procedure, including limitation and issuing claims
  - If required - Part 8 of the Civil Procedure Rules
    
    Court practice and procedure – Part 8 of the Civil Procedure Rules
    
    Acknowledgment of service (Practice Direction 8B)
  - Letter to client enclosing overview of court process
  - Enclosure to client giving overview of court process - defendant
  - Money Claim Online (MCOL)
  - Issue a claim for damages with MyHMCTS
  - Service
  - Letter to claimant’s solicitor giving notice regarding service
- H. Responding to a claim
  - Defendant’s response
  - Letter to court responding to claim
  - Response pack
  - Admission (unspecified amount, non-money and return of goods claims)
  - Admission (specified amount)
  - Guidance for defendants replying to the claim form: N1C
  - Defence form
  - Example content - Defence
  - Defence and counterclaim (specified amount)
  - Defence and counterclaim (unspecified amount, non-money and return of goods claims)
  - Extension of time
  - If required - Extension of time
    
    Letter to other side's solicitor requesting extension for time to serve
    
    Application notice
    
    Clause - Extension of time
    
    Letter to court confirming extension agreed between the parties
  - Counterclaims and additional claims
  - If required - Counterclaims and additional claims
    
    Letter to claimant serving additional claim
    
    Letter to claimant's solicitor serving additional claim
    
    Claim form (additional claims - CPR Part 20)
    
    Application notice
- I. Interim applications
  - Interim applications
  - Clause - Wording for Form N244 Application Notice, box 3 - Security for costs
  - Example content - Draft order - Security for costs
  - Application notice
  - General form of judgment or order
  - Clause - Draft order - Setting aside default judgment on the basis of a real prospect of defending the claim
  - Defence form
  - Letter to client with advice about summary judgment
  - Letter to court filing documents
  - Letter to client after summary judgment success
- J. Case management and directions
  - Case management, including directions questionnaire
  - Directions questionnaire (small claims track)
  - Directions questionnaire (fast track, intermediate track and multi-track)
  - Enclosures for directions questionnaire
    
    Disclosure report
    
    Costs budget (Precedent H) and budget discussion report (Precedent R)
    
    Precedent T - (budget variation summary sheet)
    
    Using the automated app – Precedent H – Costs budget
    
    Using the automated app – Precedent S – Bill of costs
  - Letter to client confirming costs budget
  - Letter to claimant's solicitor serving costs budget
  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire (pre-trial checklist)
  - Letter to court filing documents
  - Application notice
  - General form of judgment or order
- K. Disclosure and evidence
  - Disclosure
  - Letter to client regarding disclosure
  - Standard disclosure
  - Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
  - Disclosure report
  - Letter to other side's solicitor enclosing disclosure report
  - Letter to other side's solicitor requesting to inspect documents
  - Evidence
    
    Under r 8.5, written evidence is to be filed with the Claim Form or Acknowledgment of Service, but either party may apply to the court for an extension of time to file and serve additional evidence. For more information see Evidence under Disclosure and evidence.
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  - Library of evidence documents
    
    Proof of evidence
    
    Witness statement - Civil matters
    
    Example content - Witness statement for civil matters
    
    Exhibit sheet to witness statement - Civil matters
    
    General form of affidavit
    
    Clause - Affidavit for civil matters
    
    Exhibit sheet for affidavits - Civil matters
    
    Notice of intention to rely on hearsay evidence
    
    Notice to admit facts
  - Letter to court filing documents
  - Letter to court filing written evidence
  - Letter to other side's solicitor serving written evidence
  - Expert witnesses
  - If required - Expert witnesses
    
    Letter to expert requesting report
    
    Letter to client enclosing expert's report
    
    Letter to court filing expert's report
    
    Letter to other side's solicitor serving expert's report
- L. Final hearing and costs
  - Preparation for the final hearing, including court bundles
  - Letter to counsel enclosing brief
  - Brief to counsel - Civil matters
  - Letter to client advising of court hearing date
  - Letter to court advising client will not attend
  - Letter to witness advising hearing date
  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire (pre-trial checklist)
  - Letter to court filing documents
  - If required - Defendant bundle
    
    County Court, High Court and Appeal Court - Trial bundle cover page
    
    County Court, High Court and Appeal Court - Trial bundle index
    
    Case summary
    
    Chronology - Civil matters
    
    Letter to other side's solicitor enclosing index to trial bundle
    
    Letter to other side's solicitor enclosing trial bundle
    
    Letter to court filing trial bundle
  - Letter to other side's solicitor responding to draft court bundle index
  - Costs budget (Precedent H) and budget discussion report (Precedent R)
  - Precedent T - (budget variation summary sheet)
  - Using the automated app – Precedent H – Costs budget
  - Using the automated app – Precedent S – Bill of costs
  - Letter to claimant's solicitor serving costs budget
- M. Finalising the matter
  - Land Registry entries
    
    Where leases were registered with HM Land Registry but have now been determined steps should be taken to remove the irrelevant entries and close the old leasehold titles. An application should be made using form AP1 Application to Change the Register. It should be accompanied by a statement of ...
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  - Settled matters
    
    Practitioners are required to advise the court immediately a matter which is before them is settled. Until a settlement agreement, consent orders or a notice of discontinuance is filed the parties must attend before the court if the matter is listed.
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  - If required - Discontinuance
    
    Letter to court filing documents
    
    Notice of discontinuance
  - Advising the client
    
    The client should be advised of the outcome in writing and in particular of any element of the judgment that requires them to take action. Ensure they are aware of any costs consequences associated with not taking the action and thereby breaching the court order. If the client has been successful ...
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  - Letter to client advising successful outcome and enclosing invoice
  - Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
  - Letter to client finalising the matter
  - Example invoice
  - Invoice recital - Leasehold property disputes - Acting for the defendant
  - Enclosure - Explaining the bill
  - Closing the file
  - File closing checklist
  - File review form - General
Acting for the defendant tenant
- A. Getting the matter underway
  - File cover sheet - Leasehold property disputes
  - To do list - Leasehold property disputes - Acting for the defendant tenant
  - First steps
  - Retainer instructions - Leasehold property disputes
  - Compliance documents
    
    Client Due Diligence and Anti-money Laundering Guidance
    
    Client Details, Identity Verification and Source of Funds
    
    Conflict of interest check
    
    Client and matter risk assessment
    
    If required - Reporting an issue
    
    Anti-money laundering internal disclosure
  - Initial letter to client enclosing Client Care and Terms of Business
  - Enclosures for initial letter to client
    
    Client care information
    
    Terms of business
    
    Scope of work - Leasehold property disputes - Acting for the defendant
    
    A summary of the property dispute resolution process
  - Funding a dispute matter
  - Funding
  - If required - Conditional fee agreements
    
    Conditional fee agreement
    
    Conditional fee agreement
    
    Letter to client explaining barrister's fees
    
    Letter to client giving informed consent to conditional fee agreement
    
    Enclosure - Conditional fee agreements explained
    
    Notice of funding of case or claim
  - Time and costs estimates
  - If required - Letter to client varying the Client Care and Terms of Business
    
    Letter to client varying the Client Care and Terms of Business
  - General deeds, agreements, statements, declarations, consents, and execution clauses
    
    Deeds and agreements
    
    Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
    
    Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
    
    Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
    
    Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
    
    Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing general consent
    
    Letter to third party enclosing general consent
    
    Letter to third party requesting personal data and enclosing client’s general consent
    
    Letter to third party requesting personal data and enclosing third party general consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
- B. Breach of lease covenants by tenants
  - Pre-action considerations
    
    Who is responsible for the breach of covenant? While the answer to this question may seem obvious, there are occasions when the relationships between the parties can become complex:
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  - Is the breach continuing or once-and-for-all?
  - Is the breach capable of remedy?
  - Has the right to demand a remedy been waived?
  - Arrears
    
    Letter of response to other side's solicitor - Claim admitted
    
    Letter of response to other side's solicitor - Claim not admitted
    
    Letter of response to other side's solicitor - Claim part admitted
  - Non-arrears breaches
    
    Letter of response to other side's solicitor - lease breaches admitted
    
    Letter of response to other side's solicitor - lease breaches not admitted
    
    Letter of response to other side's solicitor - lease breaches part admitted
  - Remediation
    
    Where the landlord simply requires the tenant to remedy the breach and there is no suggestion that forfeiture might be required in future there are several options available to the landlord.
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  - Counter-notice claiming the benefit of the Leasehold Property (Repairs) Act 1938
  - Letter to other sides solicitor serving counter-notice under the Leasehold Property (Repairs) Act 1938
  - Letter to client confirming that counter-notice under the Leasehold Property (Repairs) Act 1938 has been served
  - Forfeiture
    
    On the assumption that the tenant has not complied with the notice requiring that the breach be remedied, or that no notice was required because the ground for forfeiture is non-payment of rent, the next step is for the landlord to exercise their right to forfeit the lease and take possession of ...
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  - Peaceable re-entry
    
    Re-entering a property where someone is physically present who may oppose the forfeiture is a criminal offence under s 6 of the Criminal Law Act 1977, even if the occupiers have no legal right to be there. Actual physical entry should be gained and the locks changed. A dated notice should be ...
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  - Relief from forfeiture – Commercial properties
    
    Commercial tenants or interested third parties can apply to the court for relief from forfeiture, an equitable remedy which is at the discretion of the court. This would have the effect of putting the tenant and the lease back into the position they were in before the forfeiture proceedings were ...
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  - Letter to landlord's solicitors offering to pay arrears
  - Claim form for relief against forfeiture
  - Clause - Particulars of claim for relief against forfeiture of commercial property
  - Letter to court filing claim
  - Letter to defendant serving claim
  - Letter to defendant's solicitor serving claim
  - Enclosures for attaching to the letter serving claim - Response Pack
    
    Defence form
    
    Notice of funding of case or claim
    
    Response pack
    
    Admission (unspecified amount, non-money and return of goods claims)
    
    Defence and counterclaim (unspecified amount, non-money and return of goods claims)
  - Guidance for defendants replying to the claim form: N1C
  - Relief from forfeiture – Residential properties
    
    Landlords of residential properties let on leases granted for more than 21 years which are lawfully occupied cannot forfeit the lease by peaceable re-entry – entering the property, securing it and excluding the tenant, usually by changing the locks – and may only forfeit the lease via court ...
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  - Starting proceedings
    
    Part 55 and Practice Direction 55A of the Civil Procedure Rules governs the process involved in obtaining possession of properties, both residential and commercial. Obtaining possession from trespassers is also dealt with but is beyond the scope of this commentary. The N5 Claim Form for ...
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  - If required - Breach of lease covenants by landlords
    
    Breach of lease covenants by landlords
    
    The landlord’s responsibilities under a lease are few, so the scope for breaches is significantly less than for tenants. Generally breaches occur in connection with the landlord’s repairing obligations or the landlords’ covenant to grant the tenant quiet enjoyment of the property.
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- C. Service charge issues
  - Commercial properties
    
    Leases relating to commercial properties are not regulated by statute and any details should therefore be carefully set out in the lease to endeavour to prevent ambiguity and disputes. The courts are unlikely to imply a term relating to service charges into a lease where one is not expressly made. ...
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  - Residential properties
    
    The lease provisions may indicate a process for dealing with disputes relating to service charges and this process should be followed before other action is taken. In the event that the lease is defective or unclear with regard to service charge provisions several statutory protections are in place ...
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- D. Dilapidations and hazard assessment
  - Dilapidations – Commercial properties
    
    Dilapidations due to failure by the tenant to observe the covenants in the lease are breaches by the tenant. The covenants which are most usually breached are those to:
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  - Tenant's response to dilapidations documents
  - Hazard assessment – Residential properties
    
    The Housing Act 2004 created a system of assessment and enforcement for residential properties, whether leasehold or freehold. The Housing Health and Safety Rating System (HHSRS) is a risk assessment process created by the government as a response and sets out a framework for local authorities to ...
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- E. Settling the matter
  - Settling the matter
  - Letter to the other side’s solicitor suggesting alternative dispute resolution
  - Mediation settlement agreement
  - Letter to claimant’s solicitor making Calderbank offer
  - Early neutral evaluation agreement
  - Neutral evaluator confirmation and agreement
  - Arbitration agreement
  - If required - Part 36 offers
    
    Enclosure - Part 36 offers
    
    Letter to client suggesting making a Part 36 offer
    
    Offer to settle (Section I Part 36)
    
    Letter to other side's solicitor making Part 36 offer
    
    Letter to client enclosing copy Part 36 offer made
    
    Letter to client enclosing copy Part 36 offer received
  - Settlement agreement
  - Letter to client with draft settlement agreement
  - Letter to other side's solicitor with settlement agreement
  - Letter to court confirming settlement
  - General form of judgment or order
  - Library of example consent orders
    
    Clause - Consent order for judgment notation of agreement
    
    Clause - Consent order payment inclusive of costs
    
    Clause - Consent order judgment in favour of one party
    
    Clause - Consent order for proceedings to be dismissed with no order as to costs
    
    Clause - Consent order for acceptance of lesser sum
    
    Clause - Consent order Tomlin wording for stay of proceedings
  - Letter to other side's solicitor sending draft consent order
  - Letter to court filing draft consent order on settlement
- F. Tribunal practice and procedure - Residential properties
  - Tribunal practice and procedure – Residential properties only
    
    Tribunals are orderly but informal and parties often represent themselves. The rules set out in The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 are often applied lightly. Under s 27A of the Landlord and Tenant Act 1985 either a tenant or a landlord can apply to the ...
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  - Variation of a lease
    
    While parties usually agree on the variation of leases, on occasion agreement is not forthcoming or logistically possible. In those circumstances an application can be made to the tribunal, which can impose a variation.
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  - The process
  - Notice
    
    The application form will indicate if notice of the application must be served on another party. It may be sensible to serve notice even if it is not compulsory to do so. This may persuade a very recalcitrant party to respond, although by this stage all other forms of alternative dispute resolution ...
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  - Costs and fees
    
    Under s 20C of the Landlord and Tenant Act 1985 and s 131 of the Housing and Planning Act 2016 tenants can ask the tribunal to order that the legal costs of the tribunal proceedings are not added to the service or administration charges by the landlord. This application, if made at the ...
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  - Letter to tribunal filing documents
  - Case management
    
    The tribunal may make directions either of their own volition or on the written application of a party using form Order 1 – Application for an Order or a Matter you Want a Tribunal Judge to Consider. Any party can ask for a witness to be summoned and the tribunal can issue this summons without ...
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  - Applications and requests for case management or other interim orders
  - Letter to expert requesting report
  - Withdrawal
    
    A party can apply to withdraw from the proceedings, but the consent of the tribunal is required. An application can be made using form Withdrawal 1 – Application to Withdraw a Case.
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  - Application to withdraw a case
  - Hearing
    
    Within the application form the parties can confirm whether they believe that the matter can be dealt with by the tribunal without a hearing. If everyone involved agrees then the matter will be dealt with on the papers alone. In this event the pre-hearing fee will not be payable. If a hearing is ...
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  - Application to set aside
    
    Requests to set aside the decision under s 51 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 can be made in writing within 28 days of the decision or the reasons for the decision, if they were received later. The decision will only be set aside if it’s in ...
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  - Appeals
    
    A decision made in the English First-tier Tribunal or Welsh Lease Valuation Tribunal can be appealed to the Upper Tribunal, but the consent of the initial tribunal is required to do so. Applications must be made within 28 days, or 21 days if the decision was made by the Welsh Leasehold ...
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  - Application for permission to appeal a decision to the Upper Tribunal (Lands Chamber)
- G. Court practice and procedure
  - Court practice and procedure, including limitation and issuing claims
  - If required - Part 8 of the Civil Procedure Rules
    
    Court practice and procedure – Part 8 of the Civil Procedure Rules
  - Letter to client enclosing overview of court process
  - Enclosure to client giving overview of court process - defendant
  - Issue a claim for damages with MyHMCTS
  - Money Claim Online (MCOL)
  - Service
  - Letter to claimant’s solicitor giving notice regarding service
- H. Responding to a claim
  - Defendant’s response
  - Letter to court responding to claim
  - Response pack
  - Admission (unspecified amount, non-money and return of goods claims)
  - Admission (specified amount)
  - Guidance for defendants replying to the claim form: N1C
  - Defence form
  - Example content - Defence
  - Defence and counterclaim (specified amount)
  - Defence and counterclaim (unspecified amount, non-money and return of goods claims)
  - Extension of time
  - If required - Extension of time
    
    Letter to other side's solicitor requesting extension for time to serve
    
    Application notice
    
    Clause - Extension of time
    
    Letter to court confirming extension agreed between the parties
  - Counterclaims and additional claims
  - If required - Counterclaims and additional claims
    
    Letter to claimant serving additional claim
    
    Letter to claimant's solicitor serving additional claim
    
    Claim form (additional claims - CPR Part 20)
    
    Application notice
- I. Interim applications
  - Interim applications
  - Clause - Wording for Form N244 Application Notice, box 3 - Security for costs
  - Example content - Draft order - Security for costs
  - Application notice
  - General form of judgment or order
  - Witness statement - Civil matters
  - Clause - Draft order - Setting aside default judgment on the basis of a real prospect of defending the claim
  - Defence form
  - Letter to client with advice about summary judgment
  - Letter to court filing documents
  - Letter to client after summary judgment success
- J. Case management and directions
  - Case management, including directions questionnaire
  - Directions questionnaire (small claims track)
  - Directions questionnaire (fast track, intermediate track and multi-track)
  - Enclosures for directions questionnaires
    
    Disclosure report
    
    Costs budgets
    
    Precedent T - (budget variation summary sheet)
    
    Using the automated app – Precedent H – Costs budget
    
    Using the automated app – Precedent S – Bill of costs
  - Letter to client confirming costs budget
  - Letter to claimant's solicitor serving costs budget
  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire (pre-trial checklist)
  - Application notice
  - General form of judgment or order
  - Letter to court filing documents
- K. Disclosure and evidence
  - Disclosure
  - Letter to client regarding disclosure
  - Standard disclosure
  - Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
  - Disclosure report
  - Letter to other side's solicitor enclosing disclosure report
  - Letter to other side's solicitor requesting to inspect documents
  - Evidence
    
    Under r 8.5, written evidence is to be filed with the Claim Form or Acknowledgment of Service, but either party may apply to the court for an extension of time to file and serve additional evidence. For more information see Evidence under Disclosure and evidence.
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  - Library of evidence documents
    
    Proof of evidence
    
    Witness statement - Civil matters
    
    Example content - Witness statement for civil matters
    
    Exhibit sheet to witness statement - Civil matters
    
    General form of affidavit
    
    Clause - Affidavit for civil matters
    
    Exhibit sheet for affidavits - Civil matters
    
    Notice of intention to rely on hearsay evidence
    
    Notice to admit facts
  - Letter to court filing documents
  - Letter to court filing written evidence
  - Letter to other side's solicitor serving written evidence
  - Expert witnesses
  - If required - Expert witnesses
    
    Letter to expert requesting report
    
    Letter to client enclosing expert's report
    
    Letter to court filing expert's report
    
    Letter to other side's solicitor serving expert's report
- L. Final hearing and costs
  - Preparation for the final hearing, including court bundles
  - Letter to counsel enclosing brief
  - Brief to counsel - Civil matters
  - Letter to client advising of court hearing date
  - Letter to court advising client will not attend
  - Letter to witness advising hearing date
  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire (pre-trial checklist)
  - Letter to court filing documents
  - If required - Defendant bundle
    
    County Court, High Court and Appeal Court - Trial bundle cover page
    
    County Court, High Court and Appeal Court - Trial bundle index
    
    Case summary
    
    Chronology - Civil matters
    
    Letter to other side's solicitor enclosing index to trial bundle
    
    Letter to other side's solicitor enclosing trial bundle
    
    Letter to court filing trial bundle
  - Letter to other side's solicitor responding to draft court bundle index
  - Costs budget (Precedent H) and budget discussion report (Precedent R)
  - Precedent T - (budget variation summary sheet)
  - Using the automated app – Precedent H – Costs budget
  - Using the automated app – Precedent S – Bill of costs
- M. Finalising the matter
  - Land Registry entries
    
    Where leases were registered with HM Land Registry but have now been determined steps should be taken to remove the irrelevant entries and close the old leasehold titles. An application should be made using form AP1 Application to Change the Register. It should be accompanied by a statement of ...
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  - Settled matters
    
    Practitioners are required to advise the court immediately a matter which is before them is settled. Until a settlement agreement, consent orders or a notice of discontinuance is filed the parties must attend before the court if the matter is listed.
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  - If required - Discontinuance
    
    Letter to court filing documents
    
    Notice of discontinuance
  - Advising the client
    
    The client should be advised of the outcome in writing and in particular of any element of the judgment that requires them to take action. Ensure they are aware of any costs consequences associated with not taking the action and thereby breaching the court order. If the client has been successful ...
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  - Letter to client advising successful outcome and enclosing invoice
  - Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
  - Letter to client finalising the matter
  - Example invoice
  - Invoice recital - Leasehold property disputes - Acting for the defendant
  - Enclosure - Explaining the bill
  - Closing the file
  - File closing checklist
  - File review form - General
Comments and suggestions for By Lawyers

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Full Commentary - Enforcement
Reference materials
- AI Prompts
- Electronic Signing and Witnessing
- Looking to the Future
- Further information
- Article: Costs actually
Overview

Enforcement is the process of enforcing a judgment against a debtor to gain payment. Once a judgment or order has been obtained, it becomes the responsibility of the judgment creditor to recover the debt. In an ideal world, the debtor pays the judgment on request, but this often does not happen, ...
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Summary of the process

The usual steps in acting for a client to enforce a money judgment are:
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A. Getting the matter underway
- File cover sheet - Enforcement
- To do list - Enforcement
- First steps
- Retainer Instructions - Enforcement
- Compliance documents
  - Client Due Diligence and Anti-money Laundering Guidance
  - Client Details, Identity Verification and Source of Funds
  - Conflict of interest check
  - Client and matter risk assessment
  - If required - Reporting an issue
    
    Anti-money laundering internal disclosure
- Initial letter to client enclosing Client Care and Terms of Business
- Enclosures for initial letter to client
  - Client care information
  - Terms of business
  - Scope of work - Enforcement
  - A summary of the enforcement process
- Initial letter to client advising on enforcement
- Time and costs estimates
- If required - Letter to client varying the Client Care and Terms of Business
  - Letter to client varying the Client Care and Terms of Business
- General deeds, agreements, statements, declarations, consents, and execution clauses
  - Deeds and agreements
  - Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
  - Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
  - Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing general consent
    
    Letter to third party enclosing general consent
    
    Letter to third party requesting personal data and enclosing client’s general consent
    
    Letter to third party requesting personal data and enclosing third party general consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
B. Preliminary matters
- Before enforcing a judgment
  
  Before starting enforcement proceedings, the judgment debtor must have been given an opportunity to pay. The deadline for payment is either within 14 days of the date of the judgment or at a different date specified within the judgment or order: r 40.11 of the Civil Procedure ...
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- Limitation
  
  There is no limitation period on enforcing a judgment. While the limitation period for an action is six years, it was held in Lowsley and Another v Forbes (Trading as LE Design Services) [1998] 3 WLR 501 that enforcement proceedings are not seen as a new action but rather as an execution. This ...
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- Interest on judgment debts
  
  To commence enforcement proceedings, a creditor must know the full amount of the debt, including any accrued interest. Paragraph 6 of Practice Direction 70A states:
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- Letter of demand to judgment debtor
- If Required – Transfer of proceedings
  - Which court to use
    
    There are several factors that may require enforcement proceedings to be transferred to a different court from the court where the judgment was handed down. See the following table for the appropriate court in which to institute proceedings.
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  - Transfer of proceedings
    
    Transfer from one County Court to another Depending on the method of enforcement and the debtor’s location it may be appropriate to transfer enforcement proceedings from the County Court where the judgment was obtained to a County Court hearing centre local to the debtor.
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  - Letter to court requesting transfer from one county court to another for enforcement
  - Combined certificate of judgment and request for writ of control or writ of possession
  - Writ of control
  - Application notice
  - Letter to court requesting certificate of judgment
  - Letter to court filing documents
  - Letter to client confirming transfer of proceedings
- If Required – Debtor acknowledges debt
  - Letter to debtor chasing instalments
  - Letter to debtor thanking for final payment
C. Investigating the judgment debtor
- Investigating the judgment debtor
  
  To identify the most appropriate method of enforcement it is important to understand who the debt is being recovered from. Learning their whereabouts, employment, and the financial position of the debtor is determinative of the most effective means of enforcement. Useful information to gather about ...
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- In office debtor research
- Letter to debtor requesting information in form EX140
- Record of examination
- Request for and result of search in the attachment of earnings index
- If Required – Information hearing
  - Information hearing
    
    If sufficient details of the judgment debtor cannot be obtained, an application for an information hearing can be made. Information hearings require the debtor to attend court for questioning about their income and expenditure. An information hearing is provided for by Part 71 of the Civil ...
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  - Application for order that debtor attend court for questioning
  - Application for order that officer of the debtor company attend for questioning
  - Application notice
  - Application notice (Part 23) in the High Court of Justice Queens Bench Division Administrative Court list
  - Letter to court filing documents
  - Letter to debtor serving order to attend court for questioning
  - Letter to client with completed form EX140
- Comparing enforcement methods
D. Writs and warrants of control
- Writs and warrants of control
  
  Writs and warrants of control empower an enforcement officer to take control of the debtor’s goods and sell them to satisfy the debt. They are dependent on the debtor owning sufficient goods to make it a worthwhile exercise. There would be little point spending time and money on a writ or warrant ...
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- Request for issue of writ of control (rule 83.9(3))
- Writ of control
- Request for warrant of control
- Letter to court filing documents
- Letter to client enclosing copy of writ of control
- Letter to client enclosing copy of warrant of control
- Letter sending writ of control to High Court Enforcement Officer
- Letter to client enclosing execution report
E. Attachment of earnings orders
- Attachment of earnings
  
  An attachment of earnings order requires the debtor’s employer to deduct a portion of the debtor’s salary to be paid to court and then that sum is paid to the creditor. This method of enforcement is provided for by the Attachment of Earnings Act 1971 and Part 89 of the Civil Procedure Rules. ...
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- If Required – Consolidation
  - Application notice
  - Statement of truth
  - Letter to court filing notice of application for a consolidated attachment of earnings order
- Request for attachment of earnings order
- Form for replying to an attachment of earnings application
- Letter to court filing documents
- Letter to client enclosing attachment of earnings order
- Request for reissue of enforcement or an order to obtain information from judgment debtor (not warrant)
F. Third party debt orders
- Third party debt order
  
  Third party debt orders, formerly garnishee orders, can be applied for either in the High Court or County Court and allow the creditor to obtain payment from a third party who owes money to the debtor. Third party debt orders are governed by Part 72 of the Civil Procedure Rules and are ...
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- Application for third party debt order
- Letter to court filing documents
- Letter to third party serving interim third party debt order
- Letter to debtor serving interim third party debt order
- Letter to client enclosing interim third party debt order
- Certificate of service
- Letter to court with certificate of service
- Letter to third party serving final third party debt order
- Letter to debtor serving final third party debt order
- Letter to client enclosing final third party debt order
G. Charging orders
- Charging order
  
  Charging orders secure the judgment debt by creating a charge over the debtor’s beneficial interest in land or other assets. These are provided for by the Charging Orders Act 1979 and Part 73 Civil Procedure Rules and are dependent on the debtor having interest in property with adequate equity ...
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- Application for charging order on land or property
- Application for charging order on securities
- Letter to court filing documents
- Letter to debtor serving interim charging order
- Letter to third party serving order made at court
- Letter to client enclosing interim charging order
- Letter to debtor serving final charging order
- Letter to client enclosing final charging order
- Registration with the Land Registry
  
  The charging order notice application should be registered with HM Land Registry. See paragraph 6.13 of the HM Land Registry Practice Guide 19 and HM Land Registry Practice Guide 76 - Charging Orders, Without registration, a sale of the land to a bona fide purchaser will defeat the ...
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- Application to enter an agreed notice
- Application to enter a unilateral notice
- Application to enter a restriction
- Order for sale of property
  
  Before deciding whether to proceed with an application for an order for sale, several factors should be considered:
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- Claim form (CPR Part 8)
- Order for sale following a charging order
- Application for an official search (not applicable to registered land)
- Letter to debtor serving claim form for order for sale
- Letter to third party serving claim form for order for sale
- Letter to client enclosing directions
- Letter to client enclosing order for sale
- If Required – Chancery Division forms
  - Interim charging order
  - Final charging order
  - Enforcing charging order (single defendant)
  - Enforcing charging order (multiple defendants)
  - Common form of order for sale
  - Order nominating person to execute sale
H. Insolvency
- Statutory demands
  
  A statutory demand is a formal way of demanding payment of a debt. It is a pre-cursor to insolvency proceedings and can be issued against individual debtors, partnerships, and corporate entities. In response to a statutory demand, the debtor has three options. They can:
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- Letter instructing process server
- Letter to debtor serving statutory demand
- Statutory demand under Section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986
- Statutory demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for liquidated sum payable immediately
- Statutory demand under Section 268(2) of the Insolvency Act 1986. Debt payable at future date
- Statutory demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for liquidated sum payable immediately following a judgment or order of the court
- Letter to client confirming the statutory demand was served
- Bankruptcy
  
  The bankruptcy petition should be made to the correct court in accordance with s 10.11 or s 12.5 of The Insolvency (England and Wales) Rules 2016. The petition should be presented in the High Court if the debt is for more than £50,000 and the debtor lived or carried out their main ...
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- Letter to debtor serving bankruptcy petition
- Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately
- Creditor’s bankruptcy petition where execution or other process on a judgment has been returned in whole or part
- Statement of truth
- Individual voluntary arrangement (IVA)
  
  Rather than entering bankruptcy, an individual can enter an IVA to pay their creditors. It is a formal agreement between a debtor and their creditors to pay their debts over an agreed period, usually five or six years.
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- If Required – Registration of pending action
  - Application for registration of a pending action
- Letter to client enclosing bankruptcy order
- Corporate insolvency
  
  For companies, the following insolvency options are available depending on the severity of the company’s indebtedness and any desires or abilities to rescue it:
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- Company voluntary arrangements (CVAs)
  
  Under a CVA, a company seeks to enter into an agreement with its creditors to repay some or all its debts. The company proposes that each creditor receive an agreed percentage of their debt. To proceed, 75% of the creditors in value must agree to the voluntary arrangement. The 75% can be made up of ...
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- Notice of voluntary arrangement taking effect
- Notice of termination or full implementation of voluntary arrangement
- Notice of order of revocation or suspension of voluntary arrangement
- Administration
  
  Administration is another method by which a company or its directors seek to rescue a business. An administrator is appointed, by a qualifying floating charge holder, the company’s directors, or by an order of the court on application by the company, its directors, or creditors. Administration can ...
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- Administration application
- Liquidation
  
  When a company is unlikely to trade its way out of insolvency or restructure itself in a way to avoid such, liquidation is the most likely option. It brings about the closing of the business, winding up, and the sale of any assets to pay its debts. In most cases, only a small percentage of the ...
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- Letter enclosing creditor's warning notice seeking debtor's proposal for payment of a debt
- Creditor's warning notice seeking debtor's proposal for payment of a debt
- Notice of appointment of liquidator in a winding-up by the court
- Notice of appointment of liquidator voluntary winding up (members or creditors)
- Receivership
  
  A receiver is appointed when a creditor wishes to protect their interests in a particular asset of the company. The powers of a receiver are more limited than those of an administrator or liquidator. The latter are appointed to protect the interests of the company or its creditors, whereas a ...
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- Notice of appointment of an administrative receiver, receiver or manager
- Schemes of arrangement
  
  A scheme of arrangement is a process under which the company arranges or re-arranges its finances. Although this is not necessarily an insolvency process, it is often a path chosen by companies and agreed by shareholders and creditors as a means of avoiding insolvency. Court sanction is needed and ...
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- Winding up
  
  Restrictions on the presentation of winding up petitions during COVID-19 were lifted on 31 March 2022. After that, pre-COVID-19 rules apply. If the debtor company owes £750 and it can be shown that the company cannot pay, a winding up petition can be presented.
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- Winding-up petition
- Letter instructing process server
- Letter to debtor serving winding up petition
- Certificate of service
- Letter to court with certificate of service
- Letter to court filing Gazette notice and certificate of compliance
- Certificate of compliance
- List of appearances (Comp 5)
- Letter to court filing documents
- Letter to client enclosing copy winding up order
- Creditors and getting paid
  
  Following the making of a bankruptcy or winding up order, the assets of the debtor come under the control of the trustee in bankruptcy or liquidator. Creditors will receive funds when the assets are called in, sold, and divided. This can take some time and may not result in the full balance being ...
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- Distributing assets following insolvency
  
  In corporate insolvency, there are rules as to the distribution of assets in the event of a company’s insolvency. See s 107 of the Insolvency Act 1986 and r 4.181 of the Insolvency Rules 1986. What assets the company owns and whether they are subject to a charge needs to be ...
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I. Other enforcement procedures
- Writ of sequestration
  
  A writ of sequestration is where sequestrators take control of the debtor’s property when they are in contempt of court or disobeying a court order. This is only used in serious cases and very rarely to enforce money judgments. Writs of sequestration are made in accordance with Part 81 of the ...
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- Order of committal
  
  Similarly, for debtors in contempt of court, orders for committal threaten prison for failure to comply with court orders. Orders of committal are made in accordance with Part 81 of the Civil Procedure Rules. These are not strictly a method of enforcement, but a sanction for failing to comply ...
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- Example content - Statutory demand for unpaid rent under Section 268(1)(a) of the Insolvency Act 1986
- Statutory demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for liquidated sum payable immediately
- Letter instructing a certified enforcement agent to seize goods under the CRAR procedure
- Notice of intention to seize goods - s 72 of the Tribunals, Courts and Enforcement Act 2007 - Commercial rent arrears
J. Finalising the matter
- Letter to client finalising the matter
- Example invoice
- Invoice recital - Enforcement
- Enclosure - Explaining the bill
- Closing the file
- File closing checklist
- File review form - General
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Leasehold Property Disputes

This publication guides practitioners managing leasehold property dispute matters, including breaches of leasehold covenants and landlord dilapidations.

Overview

Precedents in this publication include:

3 Matter Plans Included

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