Leasehold Property Disputes

2 Matter Plans Included

ALERTS - Nil
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
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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:

2 Matter Plans Included

Our Authors