Property Litigation

Whether you are a landlord or a tenant, our expert property litigation solicitors offer practical and tailored advice to help you resolve your dispute.

Our team has extensive expertise in dealing with this complex area of the law. We regularly advise on the following areas of property litigation:

  • Break notice disputes
  • Forfeiture disputes
  • Landlord and tenant disputes
  • Service charge collections
  • Lease renewals
  • Possession claims
  • Dilapidations

We also advise on property related professional negligence claims and claims for breach of banking covenants relating to property as well as claims against solicitors, accountants and surveyors for negligent professional advice.

We can advise on a range of issues within the construction industry, such as contracts, procurement, engineering projects, regulatory and legislative issues, and more. We advise in various different sectors from commercial to residential buildings, offices, retail, manufacturing, and mixed-use properties.

 

Often, a commercial Lease will include a break clause allowing the tenant or landlord to terminate the Lease early. Depending on how the Lease is drafted, the right to exercise the break clause may arise on a specified date or it may be exercisable at any time during the term on a rolling basis.

Under Section 146 of the Law of Property Act 1925, a landlord may initiate forfeiture of a lease for breaches of covenants. This means the landlord is seeking to either peacefully re-enter the property or initiate court proceedings for possession of the property. In essence, the landlord is terminating the Lease.

We provide advice to both commercial landlord and tenants, and also act for management companies, property developers, investors and managers. Our team handles both commercial and residential disputes, and we seek to determine the best method for resolving disputes, be it negotiation, mediation or formal litigation.

It is usually the responsibility of a landlord, management company or management agent to collect service charge from leaseholders, ensuring the efficient running of the property. When a leaseholder is not paying service charge, we understand that the pressure from creditors who have supplied services to the property and cash-flow issues can be a worry.

Commercial rent arrears recovery (“CRAR”) replaces the old common law doctrine of distress. It allows a landlord to recover rent arrears by seizing the tenant’s goods and holding or selling them.