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Property Dispute Scheme

The CIArb Property Disputes Scheme was launched in 2013 in response to demand from users, as well as encouragement from the courts in an attempt to reduce the number of property disputes in the court system.

The scheme applies to both residential and commercial disputes, and covers arbitration, expert determination, and mediation. Under the scheme, parties may request the appointment of a dispute resolver for a lower appointment fee of £360 (inc VAT). The dispute resolver will be appointed from a specialist panel of neutral surveying specialists and real estate practitioners, who are regulated to ensure they have attained the appropriate level of qualification and experience.

The CIArb Dispute Appointment Service property team has over 15 years of experience of helping resolve property related disputes.

Disputes covered under the scheme

We offer a bespoke service and complete range of methods for resolving disputes.

Our services include:

Landlord and tenant

  • Claims for breach of Covenant under Leases, including damages and injunctions
  • Applications for permission for alterations and change of use
  • Applications for consent to assignment and underletting of the demised premises
  • Rent reviews
  • Lease renewals
  • Disputes over commercial and residential service charges
  • Disputes of standards and costs of services
  • Disputes about repairing Covenants and standards of repair

Easements and Rights of Light

  • Extent of rights of way
  • Obstruction of rights of way
  • Repair of rights of way
  • Damages for loss of light
  • Interference with light
  • General issues regarding extent and use of easement, including drainage and water rights

Property ownership and Interfaces

  • Boundary dispute
  • Nuisance by noise, encroachment, smell etc
  • Breach of restrictive Covenant
  • Enforcement of restrictive Covenant
  • Discharge and variation of restrictive Covenant

Professional Disputes

  • Claims by Solicitors, Architects and other professionals for outstanding fees in property related matters
  • Claims for professional negligence against solicitors, architects and other professionals for damages and other relief in property related matters

Utilities

  • Claims for damage caused by utilities to adjacent property under statutory powers e.g. escapes from water mains
  • Claims by utilities for damage caused by third parties, including other utilities

How to apply

For a dispute to be referred to arbitration, expert determination, or mediation under the Property Disputes Scheme, either both parties will be in agreement for the matter to be referred to the relevant form of ADR with CIArb or there will need to have been a dispute resolution clause in a contract between the parties that names CIArb or the President of CIArb as the appointing body in any dispute under the contract.

If the application is unilateral, we will need to see a copy of the contract/written agreement between the parties, before we can proceed with the appointment.

Please complete the application form in the 'Resources' section to the right, and return it to DAS with the referral fee of £360 (inc VAT). The Request form provides full details of payment, and the methods by which the application can be made.


Further enquiries

CIArb DAS
T: +44(0)20 7421 7444
E: das@ciarb.org