Leasehold Property DisputesENG

This publication will assist practitioners in efficiently managing leasehold property dispute matters, including breaches of leasehold covenants and landlord dilapidations.

2 Matter Plans

Overview

Whether acting for the claimant or the defendant, this is a practical and useful guide to resolving property disputes relating to leaseholds, in line with leasehold law in England & Wales.

The commentary and precedents cover breaches of lease covenants by tenants, breaches of lease covenants by landlords, remediation and forfeiture, commercial dilapidations, and residential hazard reporting.

Also discussed are the following:

  • Pre-action protocols and practice directions;
  • Alternative dispute resolution and offers to settle;
  • Issuing proceedings and responding to them;
  • Default and summary judgment; and
  • Case management, disclosure, and trials.

A sample of the precedents included in this publication are:

  • Letters before action and responses;
  • Example content for particulars of claim;
  • Example content for defences;
  • Notice before forfeiture under s 146 of the Law of Property Act 1925;
  • Counter-notice claiming the benefit of the Leasehold Property (Repairs) Act 1938;
  • Notice of landlord’s breaches of repairing covenants;
  • Notice to former tenant regarding goods left and commercial premises;
  • Quantified demand and schedule of dilapidations;
  • Tenant’s response to dilapidations documents; and
  • Notice before tribunal application under s 22 of the Landlord and Tenant Act 1985.

Ready To Use Resources

Choose from ready-to-use legal documents within this Publication.

resources
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  • Practical and up-to-date

  • Comprehensive library of legal precedents and forms


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2 Matter Plans Included


  • Bylawyers
    ALERTS - Nil
    “”

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  • Bylawyers
    Full Commentary - Leasehold Property Disputes - Acting for the Claimant
    “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. Those steps should be followed wherever possible to ensure that costs and court time is not ...”

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  • Bylawyers
    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.”

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    Further information
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    Comments and suggestions for By Lawyers
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More than 50 legal professionals have contributed to By Lawyers' publications, all helping to ensure content is updated regularly to reflect changes in legislation, practice and procedure.

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