Leasehold Property Disputes

2 Matter Plans Included

ALERTS - Nil
Full Commentary - Leasehold Property Disputes - Acting for the Claimant
Reference materials
- Electronic Signing and Witnessing
- Looking to the Future
- 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
    
    Standard retainer Under a standard retainer, the solicitor’s costs and all disbursements and expenses are paid to the solicitor as they fall due.
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  - If required - Conditional fees and damages-based agreements
    
    Conditional fee agreement
    
    A conditional fee agreement is a no-win, no-fee arrangement based on the premise that a client is not responsible for the solicitor’s costs if the case is unsuccessful. Section 58(2)(a) of the Courts and Legal Services Act 1990 defines a conditional fee agreement as:
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    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
    
    A damages-based agreement is a contract between a solicitor and a client that, if the client’s claim is successful, the solicitor will be entitled to a share of the recoveries. Damages-based agreements are different from conditional fee agreements in that they can be used only with claimant clients.
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    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 consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party 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
  - Alternative dispute resolution
    
    A court has discretionary power to order parties in court proceedings to engage in alternative dispute resolution (ADR), James Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Mr Churchill claimed against his council for damage caused to his property by Japanese ...
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  - Letter to the other side’s solicitor suggesting alternative dispute resolution
  - Cost consequences without ADR
    
    There are cost consequences if the case proceeds to litigation without ADR being considered. The Court of Appeal in N J Rickard Limited v Holloway & Anor [2015] EWCA Civ 1631 has stated that:
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  - Mediation service – Small claims track cases
    
    The Civil Procedure Rules provide for the referral of small claims track cases to the small claims mediation service. See the HM Courts & Tribunals Service Respond to a court claim for money webpage and Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot ...
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  - Mediation settlement agreement
  - Offers to settle
    
    Opportunities to settle a dispute often present themselves, even when the parties relationship has soured. Settling the dispute can reduce costs and stress for all parties.
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  - Letter to defendant’s solicitor making Calderbank offer
  - Part 36 offers
  - 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
  - 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
  - Limitation issues
    
    If a matter is close to its limitation date, it is possible to issue but not serve the proceedings as a protective measure. This allows for further instruction or investigation where required or further negotiation if possible. The claim form can be sent for issue with a cover letter requesting the ...
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  - 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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  - Part 7 claims
  - 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
  - Electronic filing
    
    Courts and tribunals are increasingly developing ways in which cases can be commenced and managed electronically. In the Royal Courts of Justice and Upper Tribunals, an electronic filing system called Courts Electronic Filing System (CE-filing) allows for the issue and management of cases digitally.
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  - Online portals
    
    Damages Claims Portal Practice Direction 51ZB governs the Damages Claims Portal and is for legal practitioners to use when making a claim for damages.
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  - Issue a claim for damages with MyHMCTS
  - Money Claim Online (MCOL)
  - Paper proceedings
    
    Multiple claims and claimants Unlike an online claim, r 7.3 of the Civil Procedure Rules permits any number of claims and claimants to be covered by one paper claim form. Multiple claims that can be dealt with in this way are subject to the following criteria:
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- H. Statements of case, filing and service
  - Starting a claim online with Money Claim Online
    
    See Practice Direction 7C for further information about starting a claim. Logging into Money Claim Online opens a homepage that provides the option to start a new claim. To request the issue of a claim form, complete and submit the online form and pay the appropriate fee electronically.
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  - Starting a paper claim
    
    In the County Court when using the N1 Claim Form, the following information is required.
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  - Letter to court filing documents
  - Claim form (CPR Part 7)
  - Claim form (N1SDT)
  - Clause - Particulars of claim
  - Service
    
    It is usual for the claimant to request that the court serves the claim. The claim will be issued within 2 working days from the date it is submitted online, and the claimant will be posted a notice confirming the issue date. The issue date can also be checked online by accessing the Claim ...
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  - Claimant service
    
    It may be preferable for the claimant’s practitioner to effect service on behalf of the claimant but it should be noted that a failure to properly serve the claim form can be fatal to a claim. See Part 6 of the Civil Procedure Rules. If claimant service is required then the appropriate box ...
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  - 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
  - A defendant’s response
    
    The defendant’s options for responding are set out in Part 9 of the Civil Procedure Rules. They can:
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  - Example content - Reply to defence
  - Extension of time
    
    If the defendant needs more time to respond, they should seek consent for an extension from the claimant before the time limits expire. Rule 2.11 provides some capacity for parties to agree on time limit variations between themselves. Rule 15.5 notes that the parties may agree that the ...
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  - Letter to defendant's solicitor responding to request for extension of time
  - Counterclaims and additional claims
    
    Part 20 of the Civil Procedure Rules sets out the requirements for counterclaims by the defendant against the claimant or a third party and other additional claims, for example, a defendant seeking contributions or indemnity from a third party. The rule commences by effectively reiterating the ...
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- I. Interim applications
  - Security for costs
    
    As part of a response the defendant may make an application to the court for security for costs under r 25.12 of the Civil Procedure Rules. This is an application to require the claimant to pay a sum of money into court for the purposes of protecting the defendant’s ability to claim their ...
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  - Default judgment
    
    Where the defendant has failed to respond to a claim, either at all or within time, a claimant may apply for default judgment pursuant to Part 12 of the Civil Procedure Rules. It is a purely administrative procedure and does not require a court hearing. See Time limits for responding.
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  - Letter to client with advice about default judgment
  - Request for judgment and reply to admission (specified amount)
  - Summary judgment
    
    The court may give summary judgment when it believes that either the claimant has no real prospect of succeeding, the defendant has no real prospect of defending the claim, or that there is no other compelling reason why the case or issue should be disposed of at a trial. If so, the court gives ...
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  - 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
  - Transfer of claims
    
    Usually, claims are dealt with by the court closest to the defendant’s address or the County Court in Central London. Rule 26.3 enables the transfer of money claims in specific circumstances, including where a court officer considers that the claim should be referred to a judge for directions ...
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  - Provisional allocation
    
    The parties will receive from the court a notice provisionally allocating the defended claim to one of four tracks. This occurs prior to the filing by the parties of their directions questionnaires. The four tracks are:
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  - Directions questionnaire
    
    A directions questionnaire requests information to assist the court in confirming the allocation of a case and enable active management of its progress through the court. Rule 26.13 provides that when deciding the track for a claim the court will consider a number of things including the ...
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  - Directions questionnaire (small claims track)
  - Directions questionnaire (fast track, intermediate track and multi-track)
  - Enclosures for directions questionnaire - Disclosure and costs
    
    Disclosure reports
    
    Rule 31.5(3) requires parties to a multi-track case to serve a N263 Disclosure Report verified by a statement of truth not less than 14 days before the first case management conference. Standard procedure is to do this when returning the directions questionnaire. The report is ...
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    Disclosure report
    
    Costs budgets
    
    For most multi-track cases r 3.13 requires the filing of a costs budget. Unless the court orders otherwise, the parties must file costs budgets:
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    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
  - Directions
    
    Directions are given to parties by the court to assist trial preparation. They are intended to:
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  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaires
    
    Also known as pre-trial checklists, these apply to fast, intermediate, and multi-track cases where appropriate. Effectively a second part of the directions procedure, they seek information from the parties to enable the court to list the case and fill any gaps in getting the case from directions to ...
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  - Listing questionnaire (pre-trial checklist)
  - Letter to court filing documents
  - Application notice
  - General form of judgment or order
- K. Disclosure and evidence
  - Disclosure
    
    Disclosure is the stage in a case where parties share with the other side and the court the information on which they are basing their case, together with anything else that affects the case. Disclosure is in keeping with the overriding objective of the Civil Procedure Rules, which is to enable the ...
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  - Letter to client regarding disclosure
  - Procedure for standard disclosure
    
    A point that catches the unwary is that the Civil Procedure Rules only provide a process for standard disclosure. If the court orders non-standard disclosure, the judge must give directions on the procedure the parties are to follow. The procedure for standard disclosure is set out in r 31.10 ...
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  - Standard disclosure
  - Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
  - Disclosure reports and other provisions for multi-track cases
    
    Disclosure reports are referenced above in relation to directions questionnaires: r 31.5(3) and (4) of the Civil Procedure Rules. A disclosure report should briefly describe what documents exist that may be relevant to the matter, their location, and the costs involved in disclosing the ...
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  - Disclosure report
  - Letter to other side's solicitor enclosing disclosure report
  - Other disclosure provisions
    
    See Part 31 of the Civil Procedure Rules and Practice Direction 31A.
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  - 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
    
    Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, despite the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1995. See Part 35 of the Civil Procedure Rules and ...
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  - 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
    
    Small claims track cases After the case has been allocated to the small claims track, and the court has issued the standard or any special directions and held any preliminary hearings under r 27.6 of the Civil Procedure Rules, the court will fix a date for trial. The court will give the ...
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  - 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
  - Court bundles
    
    A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle includes all documents filed in court, leaving out any irrelevant documents, even if disclosed in the proceedings. See r 39.5 of the Court Procedure Rules and paragraph 27 of ...
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  - 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 for the final hearing
    
    Small claims track cases Costs on the small claims track are governed by r 27.14 of the Civil Procedure Rules which provides the following are recoverable:
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  - 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
  - Final hearing
    
    Preparation for the final hearing
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- 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
    
    Standard retainer Under a standard retainer, the solicitor’s costs and all disbursements and expenses are paid to the solicitor as they fall due.
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  - If required - Conditional fees and damages-based agreements
    
    Conditional fee agreement
    
    A conditional fee agreement is a no-win, no-fee arrangement based on the premise that a client is not responsible for the solicitor’s costs if the case is unsuccessful. Section 58(2)(a) of the Courts and Legal Services Act 1990 defines a conditional fee agreement as:
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    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
    
    A damages-based agreement is a contract between a solicitor and a client that, if the client’s claim is successful, the solicitor will be entitled to a share of the recoveries. Damages-based agreements are different from conditional fee agreements in that they can be used only with claimant clients.
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    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 consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party 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
  - Alternative dispute resolution
    
    A court has discretionary power to order parties in court proceedings to engage in alternative dispute resolution (ADR), James Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Mr Churchill claimed against his council for damage caused to his property by Japanese ...
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  - Letter to the other side’s solicitor suggesting alternative dispute resolution
  - Mediation service – Small claims track cases
    
    The Civil Procedure Rules provide for the referral of small claims track cases to the small claims mediation service. See the HM Courts & Tribunals Service Respond to a court claim for money webpage and Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot ...
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  - Mediation settlement agreement
  - Offers to settle
    
    Opportunities to settle a dispute often present themselves, even when the parties relationship has soured. Settling the dispute can reduce costs and stress for all parties.
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  - Letter to defendant’s solicitor making Calderbank offer
  - Part 36 offers
  - 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
  - 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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  - Application for an order under paragraph 5A to schedule 11 of the Commonhold and Leasehold Reform Act 2002
  - 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
  - Limitation issues
    
    If a matter is close to its limitation date, it is possible to issue but not serve the proceedings as a protective measure. This allows for further instruction or investigation where required or further negotiation if possible. The claim form can be sent for issue with a cover letter requesting the ...
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  - 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)
  - Part 7 claims
  - Letter to client enclosing overview of court process
  - Enclosure - Overview of the litigation process from a claimant's point of view
  - Electronic filing
    
    Courts and tribunals are increasingly developing ways in which cases can be commenced and managed electronically. In the Royal Courts of Justice and Upper Tribunals, an electronic filing system called Courts Electronic Filing System (CE-filing) allows for the issue and management of cases digitally.
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  - Online portals
    
    Damages Claims Portal Practice Direction 51ZB governs the Damages Claims Portal and is for legal practitioners to use when making a claim for damages.
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  - Money Claim Online (MCOL)
  - Issue a claim for damages with MyHMCTS
  - Paper proceedings
    
    Multiple claims and claimants Unlike an online claim, r 7.3 of the Civil Procedure Rules permits any number of claims and claimants to be covered by one paper claim form. Multiple claims that can be dealt with in this way are subject to the following criteria:
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- G. Statements of case, filing and service
  - Starting a claim online with Money Claim Online
    
    See Practice Direction 7C for further information about starting a claim. Logging into Money Claim Online opens a homepage that provides the option to start a new claim. To request the issue of a claim form, complete and submit the online form and pay the appropriate fee electronically.
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  - Starting a paper claim
    
    In the County Court when using the N1 Claim Form, the following information is required.
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  - Claim form (CPR Part 7)
  - Claim form (N1SDT)
  - Clause - Particulars of claim
  - Letter to court filing claim
  - Service
    
    It is usual for the claimant to request that the court serves the claim. The claim will be issued within 2 working days from the date it is submitted online, and the claimant will be posted a notice confirming the issue date. The issue date can also be checked online by accessing the Claim ...
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  - Claimant service
    
    It may be preferable for the claimant’s practitioner to effect service on behalf of the claimant but it should be noted that a failure to properly serve the claim form can be fatal to a claim. See Part 6 of the Civil Procedure Rules. If claimant service is required then the appropriate box ...
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  - 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
  - A defendant’s response
    
    The defendant’s options for responding are set out in Part 9 of the Civil Procedure Rules. They can:
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  - Example content - Reply to defence
  - Extension of time
    
    If the defendant needs more time to respond, they should seek consent for an extension from the claimant before the time limits expire. Rule 2.11 provides some capacity for parties to agree on time limit variations between themselves. Rule 15.5 notes that the parties may agree that the ...
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  - Letter to defendant's solicitor responding to request for extension of time
  - Counterclaims and additional claims
    
    Part 20 of the Civil Procedure Rules sets out the requirements for counterclaims by the defendant against the claimant or a third party and other additional claims, for example, a defendant seeking contributions or indemnity from a third party. The rule commences by effectively reiterating the ...
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- H. Interim applications
  - Security for costs
    
    As part of a response the defendant may make an application to the court for security for costs under r 25.12 of the Civil Procedure Rules. This is an application to require the claimant to pay a sum of money into court for the purposes of protecting the defendant’s ability to claim their ...
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  - Default judgment
    
    Where the defendant has failed to respond to a claim, either at all or within time, a claimant may apply for default judgment pursuant to Part 12 of the Civil Procedure Rules. It is a purely administrative procedure and does not require a court hearing. See Time limits for responding.
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  - Letter to client with advice about default judgment
  - Request for judgment and reply to admission (specified amount)
  - Summary judgment
    
    The court may give summary judgment when it believes that either the claimant has no real prospect of succeeding, the defendant has no real prospect of defending the claim, or that there is no other compelling reason why the case or issue should be disposed of at a trial. If so, the court gives ...
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  - 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
  - Transfer of claims
    
    Usually, claims are dealt with by the court closest to the defendant’s address or the County Court in Central London. Rule 26.3 enables the transfer of money claims in specific circumstances, including where a court officer considers that the claim should be referred to a judge for directions ...
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  - Provisional allocation
    
    The parties will receive from the court a notice provisionally allocating the defended claim to one of four tracks. This occurs prior to the filing by the parties of their directions questionnaires. The four tracks are:
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  - Directions questionnaire
    
    A directions questionnaire requests information to assist the court in confirming the allocation of a case and enable active management of its progress through the court. Rule 26.13 provides that when deciding the track for a claim the court will consider a number of things including the ...
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  - Directions questionnaire (small claims track)
  - Directions questionnaire (fast track, intermediate track and multi-track)
  - Enclosures for directions questionnaire - Disclosure and costs
    
    Disclosure reports
    
    Rule 31.5(3) requires parties to a multi-track case to serve a N263 Disclosure Report verified by a statement of truth not less than 14 days before the first case management conference. Standard procedure is to do this when returning the directions questionnaire. The report is ...
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    Disclosure report
    
    Costs budgets
    
    For most multi-track cases r 3.13 requires the filing of a costs budget. Unless the court orders otherwise, the parties must file costs budgets:
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    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
  - Directions
    
    Directions are given to parties by the court to assist trial preparation. They are intended to:
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  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaires
    
    Also known as pre-trial checklists, these apply to fast, intermediate, and multi-track cases where appropriate. Effectively a second part of the directions procedure, they seek information from the parties to enable the court to list the case and fill any gaps in getting the case from directions to ...
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  - Listing questionnaire (pre-trial checklist)
  - Application notice
  - General form of judgment or order
  - Letter to court filing documents
- J. Disclosure and evidence
  - Disclosure
    
    Disclosure is the stage in a case where parties share with the other side and the court the information on which they are basing their case, together with anything else that affects the case. Disclosure is in keeping with the overriding objective of the Civil Procedure Rules, which is to enable the ...
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  - Letter to client regarding disclosure
  - Procedure for standard disclosure
    
    A point that catches the unwary is that the Civil Procedure Rules only provide a process for standard disclosure. If the court orders non-standard disclosure, the judge must give directions on the procedure the parties are to follow. The procedure for standard disclosure is set out in r 31.10 ...
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  - Standard disclosure
  - Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
  - Disclosure reports and other provisions for multi-track cases
    
    Disclosure reports are referenced above in relation to directions questionnaires: r 31.5(3) and (4) of the Civil Procedure Rules. A disclosure report should briefly describe what documents exist that may be relevant to the matter, their location, and the costs involved in disclosing the ...
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  - Disclosure report
  - Letter to other side's solicitor enclosing disclosure report
  - Other disclosure provisions
    
    See Part 31 of the Civil Procedure Rules and Practice Direction 31A.
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  - 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
    
    Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, despite the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1995. See Part 35 of the Civil Procedure Rules and ...
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  - 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
    
    Small claims track cases After the case has been allocated to the small claims track, and the court has issued the standard or any special directions and held any preliminary hearings under r 27.6 of the Civil Procedure Rules, the court will fix a date for trial. The court will give the ...
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  - 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
  - Court bundles
    
    A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle includes all documents filed in court, leaving out any irrelevant documents, even if disclosed in the proceedings. See r 39.5 of the Court Procedure Rules and paragraph 27 of ...
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  - 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 for the final hearing
    
    Small claims track cases Costs on the small claims track are governed by r 27.14 of the Civil Procedure Rules which provides the following are recoverable:
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  - 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
  - Final hearing
    
    Preparation for the final hearing
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- 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
Further information
Comments and suggestions for By Lawyers

ALERTS - Nil
Full Commentary - Leasehold Property Disputes - Acting for the Defendant
Reference materials
- Electronic Signing and Witnessing
- Looking to the Future
- 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
    
    Standard retainer Under a standard retainer, the solicitor’s costs and all disbursements and expenses are paid to the solicitor as they fall due.
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  - If required - Conditional fee agreements
    
    Conditional fee agreement
    
    A conditional fee agreement is a no-win, no-fee arrangement based on the premise that a client is not responsible for the solicitor’s costs if the case is unsuccessful. Section 58(2)(a) of the Courts and Legal Services Act 1990 defines a conditional fee agreement as:
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    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 consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party 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
  - Alternative dispute resolution
    
    A court has discretionary power to order parties in court proceedings to engage in alternative dispute resolution (ADR), James Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Mr Churchill claimed against his council for damage caused to his property by Japanese knotweed. ...
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  - Letter to the other side’s solicitor suggesting alternative dispute resolution
  - Cost consequences without ADR
    
    There are cost consequences if the case proceeds to litigation without ADR being considered. The Court of Appeal has clearly stated that ‘No dispute is too intractable to be mediated’: N J Rickard Limited v Holloway & Anor [2015] EWCA Civ 1631. The court’s position is summed up in Halsey v ...
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  - Mediation service – Small claims track cases
    
    The Civil Procedure Rules provide for the referral of small claims track cases to the Small Claims Mediation Service run by HM Courts & Tribunals Service: Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot Scheme. As with all forms of ADR this provides an ...
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  - Mediation settlement agreement
  - Offers to settle
    
    Calderbank offers The case Calderbank v Calderbank [1975] 3 All ER 333 allowed, for the first time, a without prejudice offer to be considered by the court when determining the liability for costs in a case.
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  - Letter to claimant’s solicitor making Calderbank offer
  - Part 36 offers
    
    Part 36 of the Civil Procedure Rules provides for making an offer which will be treated as without prejudice except as to costs. This means that the fact that a Part 36 offer has been made and the terms of such an offer must not be communicated to the trial judge until the case has been ...
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  - 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
  - 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
  - The County Court
    
    The same law and procedural rules apply whether the issue in dispute is a small claim or a large claim that may eventually head to the High Court. There is a single County Court operating through a number of hearing centres across England and Wales, each presided over by a District Judge.
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  - 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)
  - Part 7 claims
  - Letter to client enclosing overview of court process
  - Enclosure to client giving overview of court process - defendant
  - Electronic filing
    
    Courts and tribunals are increasingly developing ways in which cases can be commenced and managed electronically. In the Royal Courts of Justice and Upper Tribunals, a digital electronic filing system called Courts Electronic Filing System (CE-filing) allows for the issue and management of cases ...
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  - Online portals
    
    Damages Claims Portal The Damages Claims Portal is governed by Practice Direction 51ZB and is for legal practitioners to use when making a claim for damages.
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  - Money Claim Online (MCOL)
  - Issue a claim for damages with MyHMCTS
  - Paper proceedings
    
    Multiple claims and claimants Unlike an online claim r 7.3 of the Civil Procedure Rules permits any number of claims and claimants to be covered by one paper claim form. Multiple claims which can be dealt with in this way are however subject to the following criteria:
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  - Service
    
    It is usual for the claimant to request that the court serves the claim. The claim will be issued within 2 working days from the date it is submitted online and the claimant will be posted a notice confirming the issue date. The issue date can also be checked online by accessing the Claim ...
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  - If required - Request by defendant for service of claim form
    
    Request by defendant for service of claim form
    
    A delay in the service of the claim form may prompt the defendant to notify the claimant that the order must be served. This may be because, for example, the defendant doesn’t want the uncertainty of wondering if and when the claim will be served. Rule 7.7(1) of the Civil Procedure Rules ...
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    Letter to claimant’s solicitor giving notice regarding service
- H. Responding to a claim
  - How to respond
    
    The defendant’s options for responding are set out in Part 9 of the Civil Procedure Rules. They can:
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  - Letter to court responding to claim
  - Response pack
  - Defendant admits the claim
  - Admission (unspecified amount, non-money and return of goods claims)
  - Admission (specified amount)
  - Defendant admits part of the claim
    
    The defendant who admits only part of a claim will need to file a defence to the part of the claim that is not admitted to prevent judgment being awarded for the whole claim. Once the defence is filed the matter progresses to the case management phase. The claimant will have the option of accepting ...
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  - Defendant disputes the claim
    
    Defence Where the defendant wishes to dispute the claim in whole or in part they must file a defence within the time frames – within 14 days of service of the particulars of claim or within 28 days if they have first filed an Acknowledgment of Service.
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  - 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 the defendant needs more time to respond consent for an extension should be sought from the claimant before the time limits expire. Rule 2.11 provides some capacity for parties to agree time limit variations between themselves. Rule 15.5 notes that the parties may agree that the period ...
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  - 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
    
    Part 20 of the Civil Procedure Rules sets out the requirements for counterclaims by the defendant against the claimant or a third party and other additional claims such as a defendant seeking contributions or indemnity from a third party. The rule commences by effectively reiterating the ...
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  - 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
  - Security for costs
    
    As part of a response the defendant may make an application to the court for security for costs under r 25.12 of the Civil Procedure Rules. This is an application to require the claimant to pay a sum of money into court for the purposes of protecting the defendant’s ability to claim their ...
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  - Clause - Wording for Form N244 Application Notice, box 3 - Security for costs
  - Example content - Draft order - Security for costs
  - Default judgment
    
    Where the defendant has failed to respond to a claim either at all, or within time, a claimant may apply for default judgment pursuant to Part 12 of the Civil Procedure Rules. It is a purely administrative procedure and does not require a court hearing. See Time limits for responding.
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  - Setting aside or varying default judgment
    
    Although there is no right of appeal when judgment has been entered in default, the parties have the right under Part 13 of the Civil Procedure Rules to apply to vary or set aside the order. Under r 13.2 the court must set aside the order if it was wrongly entered, for example, it was ...
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  - 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
  - Summary judgment
    
    The court may give summary judgment when it believes that either the claimant has no real prospect of succeeding or the defendant has no real prospect of defending the claim, or that there is no other compelling reason why the case or issue should be disposed of at a trial. If so, the court gives ...
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  - 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
  - Transfer of claims
    
    Rule 26.2A enables the transfer of money claims to the defendant’s home court within the County Court if a court officer considers that the claim should be referred to a judge for directions or if the defendant is an individual. Otherwise, the claim will be transferred to any preferred hearing ...
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  - Provisional allocation
    
    The parties will receive from the court a notice provisionally allocating the defended claim to one of four tracks. This occurs prior to the filing by the parties of their directions questionnaires. The four tracks are:
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  - Directions questionnaires
  - Directions questionnaire (small claims track)
  - Directions questionnaire (fast track, intermediate track and multi-track)
  - Enclosures for directions questionnaire
    
    Disclosure reports
    
    Rule 31.6 requires parties to a multi-track case to serve a N263 Disclosure Report verified by a statement of truth not less than 14 days before the first case management conference. Standard procedure is to do this when returning the Directions Questionnaire. The report is required to ...
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    Disclosure report
    
    Costs budgets
    
    For most multi-track cases r 3.13 requires the filing of a costs budget. Unless the court otherwise orders costs budgets must be filed by the parties:
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    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
  - Directions
    
    Directions are given to parties by the court to assist trial preparation. They are intended to:
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  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire
  - Listing questionnaire (pre-trial checklist)
  - Letter to court filing documents
  - Application notice
  - General form of judgment or order
- K. Disclosure and evidence
  - Disclosure
    
    Disclosure is the stage in a case where parties share with the other side and the court the information upon which they are basing their case together with anything else that affects the case. Disclosure is in keeping with the overriding objective of the Civil Procedure Rules which is to enable the ...
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  - Letter to client regarding disclosure
  - Procedure for standard disclosure
    
    A point that catches the unwary is that the Civil Procedure Rules only provide a process for standard disclosure. If the non-standard disclosure is ordered by the court the judge must give directions on the procedure the parties are to follow. The procedure for standard disclosure is set out in ...
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  - Standard disclosure
  - Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
  - Disclosure reports and other provisions for multi-track cases
    
    Disclosure reports are referenced above in relation to Directions Questionnaires: r 31.5(3)-(4). A disclosure report should briefly describe what documents exist that may be relevant to the matter, their location and the costs involved in disclosing the documents. The report is required to be ...
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  - Disclosure report
  - Letter to other side's solicitor enclosing disclosure report
  - Other disclosure provisions
    
    See Part 31 of the Civil Procedure Rules and Practice Direction 31A.
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  - 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
    
    Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, notwithstanding the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1972. See Part 35 of the Civil Procedure ...
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  - 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
    
    Small claims track cases After the case has been allocated to the small claims track and the court has issued the standard or any special directions and held any preliminary hearings under r 27.6, the court will fix a date for trial. The court will give the parties at least 21 days notice ...
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  - 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
  - Court bundles
    
    A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle includes all documents filed in court, leaving out any irrelevant documents, even if disclosed in the proceedings. See r 39.5 of the Court Procedure Rules and paragraph 27 of ...
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  - 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 for the final hearing
    
    Small claims track cases Costs on the small claims track are governed by r 27.14 which provides the following are recoverable:
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  - 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
  - Final hearing
    
    Preparation for the final hearing
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- 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
    
    Standard retainer Under a standard retainer, the solicitor’s costs and all disbursements and expenses are paid to the solicitor as they fall due.
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  - If required - Conditional fee agreements
    
    Conditional fee agreement
    
    A conditional fee agreement is a no-win, no-fee arrangement based on the premise that a client is not responsible for the solicitor’s costs if the case is unsuccessful. Section 58(2)(a) of the Courts and Legal Services Act 1990 defines a conditional fee agreement as:
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    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 consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party 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
  - Alternative dispute resolution
    
    A court has discretionary power to order parties in court proceedings to engage in alternative dispute resolution (ADR), James Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Mr Churchill claimed against his council for damage caused to his property by Japanese knotweed. ...
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  - Letter to the other side’s solicitor suggesting alternative dispute resolution
  - Cost consequences without ADR
    
    There are cost consequences if the case proceeds to litigation without ADR being considered. The Court of Appeal has clearly stated that ‘No dispute is too intractable to be mediated’: N J Rickard Limited v Holloway & Anor [2015] EWCA Civ 1631. The court’s position is summed up in Halsey v ...
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  - Mediation service – Small claims track cases
    
    The Civil Procedure Rules provide for the referral of small claims track cases to the Small Claims Mediation Service run by HM Courts & Tribunals Service: Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot Scheme. As with all forms of ADR this provides an ...
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  - Mediation settlement agreement
  - Offers to settle
    
    Calderbank offers The case Calderbank v Calderbank [1975] 3 All ER 333 allowed, for the first time, a without prejudice offer to be considered by the court when determining the liability for costs in a case.
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  - Letter to claimant’s solicitor making Calderbank offer
  - Part 36 offers
    
    Part 36 of the Civil Procedure Rules provides for making an offer which will be treated as without prejudice except as to costs. This means that the fact that a Part 36 offer has been made and the terms of such an offer must not be communicated to the trial judge until the case has been ...
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  - 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
  - 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
  - Application for an order under paragraph 5A to schedule 11 of the Commonhold and Leasehold Reform Act 2002
  - 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
  - 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
  - Electronic filing
    
    Courts and tribunals are increasingly developing ways in which cases can be commenced and managed electronically. In the Royal Courts of Justice and Upper Tribunals, a digital electronic filing system called Courts Electronic Filing System (CE-filing) allows for the issue and management of cases ...
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  - Online portals
    
    Damages Claims Portal The Damages Claims Portal is governed by Practice Direction 51ZB and is for legal practitioners to use when making a claim for damages.
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  - Issue a claim for damages with MyHMCTS
  - Money Claim Online (MCOL)
  - Paper proceedings
    
    Multiple claims and claimants Unlike an online claim r 7.3 of the Civil Procedure Rules permits any number of claims and claimants to be covered by one paper claim form. Multiple claims which can be dealt with in this way are however subject to the following criteria:
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  - Service
    
    It is usual for the claimant to request that the court serves the claim. The claim will be issued within 2 working days from the date it is submitted online and the claimant will be posted a notice confirming the issue date. The issue date can also be checked online by accessing the Claim ...
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  - Request by defendant for service of claim form
    
    A delay in the service of the claim form may prompt the defendant to notify the claimant that the order must be served. This may be because, for example, the defendant doesn’t want the uncertainty of wondering if and when the claim will be served. Rule 7.7(1) of the Civil Procedure Rules ...
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  - Letter to claimant’s solicitor giving notice regarding service
- H. Responding to a claim
  - How to respond
    
    The defendant’s options for responding are set out in Part 9 of the Civil Procedure Rules. They can:
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  - Letter to court responding to claim
  - Response pack
  - Defendant admits the claim
  - Admission (unspecified amount, non-money and return of goods claims)
  - Admission (specified amount)
  - Defendant admits part of the claim
    
    The defendant who admits only part of a claim will need to file a defence to the part of the claim that is not admitted to prevent judgment being awarded for the whole claim. Once the defence is filed the matter progresses to the case management phase. The claimant will have the option of accepting ...
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  - Defendant disputes the claim
    
    Defence Where the defendant wishes to dispute the claim in whole or in part they must file a defence within the time frames – within 14 days of service of the particulars of claim or within 28 days if they have first filed an Acknowledgment of Service.
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  - 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 the defendant needs more time to respond consent for an extension should be sought from the claimant before the time limits expire. Rule 2.11 provides some capacity for parties to agree time limit variations between themselves. Rule 15.5 notes that the parties may agree that the period ...
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  - 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
    
    Part 20 of the Civil Procedure Rules sets out the requirements for counterclaims by the defendant against the claimant or a third party and other additional claims such as a defendant seeking contributions or indemnity from a third party. The rule commences by effectively reiterating the ...
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  - 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
  - Security for costs
    
    As part of a response the defendant may make an application to the court for security for costs under r 25.12 of the Civil Procedure Rules. This is an application to require the claimant to pay a sum of money into court for the purposes of protecting the defendant’s ability to claim their ...
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  - Clause - Wording for Form N244 Application Notice, box 3 - Security for costs
  - Example content - Draft order - Security for costs
  - Default judgment
    
    Where the defendant has failed to respond to a claim either at all, or within time, a claimant may apply for default judgment pursuant to Part 12 of the Civil Procedure Rules. It is a purely administrative procedure and does not require a court hearing. See Time limits for responding.
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  - Setting aside or varying default judgment
    
    Although there is no right of appeal when judgment has been entered in default, the parties have the right under Part 13 of the Civil Procedure Rules to apply to vary or set aside the order. Under r 13.2 the court must set aside the order if it was wrongly entered, for example, it was ...
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  - 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
  - Summary judgment
    
    The court may give summary judgment when it believes that either the claimant has no real prospect of succeeding or the defendant has no real prospect of defending the claim, or that there is no other compelling reason why the case or issue should be disposed of at a trial. If so, the court gives ...
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  - 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
  - Transfer of claims
    
    Rule 26.2A enables the transfer of money claims to the defendant’s home court within the County Court if a court officer considers that the claim should be referred to a judge for directions or if the defendant is an individual. Otherwise, the claim will be transferred to any preferred hearing ...
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  - Provisional allocation
    
    The parties will receive from the court a notice provisionally allocating the defended claim to one of four tracks. This occurs prior to the filing by the parties of their directions questionnaires. The four tracks are:
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  - Directions questionnaires
  - Directions questionnaire (small claims track)
  - Directions questionnaire (fast track, intermediate track and multi-track)
  - Enclosures for directions questionnaires
    
    Disclosure reports
    
    Rule 31.6 requires parties to a multi-track case to serve a N263 Disclosure Report verified by a statement of truth not less than 14 days before the first case management conference. Standard procedure is to do this when returning the Directions Questionnaire. The report is required to ...
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    Disclosure report
    
    Costs budgets
    
    For most multi-track cases r 3.13 requires the filing of a costs budget. Unless the court otherwise orders costs budgets must be filed by the parties:
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    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
  - Directions
    
    Directions are given to parties by the court to assist trial preparation. They are intended to:
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  - Small claims track standard directions
  - Small claims track special directions
  - Fast track standard directions
  - Multi-track standard directions
  - Listing questionnaire
  - Listing questionnaire (pre-trial checklist)
  - Application notice
  - General form of judgment or order
  - Letter to court filing documents
- K. Disclosure and evidence
  - Disclosure
    
    Disclosure is the stage in a case where parties share with the other side and the court the information upon which they are basing their case together with anything else that affects the case. Disclosure is in keeping with the overriding objective of the Civil Procedure Rules which is to enable the ...
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  - Letter to client regarding disclosure
  - Procedure for standard disclosure
    
    A point that catches the unwary is that the Civil Procedure Rules only provide a process for standard disclosure. If the non-standard disclosure is ordered by the court the judge must give directions on the procedure the parties are to follow. The procedure for standard disclosure is set out in ...
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  - Standard disclosure
  - Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
  - Disclosure reports and other provisions for multi-track cases
    
    Disclosure reports are referenced above in relation to Directions Questionnaires: r 31.5(3)-(4). A disclosure report should briefly describe what documents exist that may be relevant to the matter, their location and the costs involved in disclosing the documents. The report is required to be ...
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  - Disclosure report
  - Letter to other side's solicitor enclosing disclosure report
  - Other disclosure provisions
    
    See Part 31 of the Civil Procedure Rules and Practice Direction 31A.
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  - 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
    
    Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, notwithstanding the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1972. See Part 35 of the Civil Procedure ...
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  - 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
    
    Small claims track cases After the case has been allocated to the small claims track and the court has issued the standard or any special directions and held any preliminary hearings under r 27.6, the court will fix a date for trial. The court will give the parties at least 21 days notice ...
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  - 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
  - Court bundles
    
    A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle includes all documents filed in court, leaving out any irrelevant documents, even if disclosed in the proceedings. See r 39.5 of the Court Procedure Rules and paragraph 27 of ...
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  - 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 for the final hearing
    
    Small claims track cases Costs on the small claims track are governed by r 27.14 which provides the following are recoverable:
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  - 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
  - Final hearing
    
    Preparation for the final hearing
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- 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
Further information
Comments and suggestions for By Lawyers

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

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