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Real Estate Disputes

Our real estate litigators advise owners, occupiers, property managers and lenders on strategies to protect and enforce their interests across the full range of property assets including: residential, retail, offices, industrial, hotels and restaurants. We have an established reputation for corporate occupier work across many sectors, advising occupier clients, developers, investor landlords and private clients.

Together with our transactional real estate team, we work hand in hand with our clients and their advisers to provide support on acquisitions and long-term portfolio management. We pride ourselves on breaking down complex property law issues into accessible, commercial advice for our clients, providing a clear strategy and tactical approach to managing disputes.

Our real estate litigators are Solicitor-Advocates with Higher Rights of Audience in the Civil Courts. As such, they can offer our clients a ‘one stop shop’ service – managing the claim and also presenting it in court – without the need to necessarily refer it on to a Barrister for court representation. This enhances their forte in managing the litigation process in a pragmatic and cost-effective manner.

Our real estate disputes expertise includes:

  • All aspects of landlord and tenant work including: dilapidations, lease renewals and terminations, breach of covenant claims and rent reviews.
  • Development claims including: rights of way and rights to light, restrictive covenants and site due diligence.
  • Disputes relating to boundaries, planning and construction.
  • Possession and trespasser claims (both commercial and residential), recovery of rent, service charge arrears, and forfeiture claims.
  • Leasehold enfranchisement and lease extension disputes.
  • The team have particular expertise in obtaining orders for possession against ‘squatters’ in cases of trespass to property and land, they are regularly able to obtain orders for possession and secure eviction with the utmost speed.  They have experience of handling a full range of cases from the basic to the most complex, involving large areas of land and extensive/multiple properties.

Representative Real Estate Disputes Experience

Our team’s real estate disputes expertise includes:

  • Advising upon and securing possession of commercial/industrial units in cases of landlord redevelopment under ground (f) of section 30(1) of the Landlord and Tenant Act 1954.
  • Securing enhanced compensation for tenants who have lease renewal opposed on grounds of redevelopment.
  • Securing business lease tenure for tenants of commercial units supposedly occupying on the basis of ‘licenses’.
  • Pursuing a claim for solicitor negligence in a conveyancing transaction.
  • Pursing a claim for negligent surveyor advice in a lease extension claim.
  • Securing peaceable re-entry to an industrial unit following breach of lease covenants.
  • Securing an order for possession of a commercial unit in case of rental arrears where peaceable re-entry had been repelled.
  • Successfully defending a landlord claim for re-entry of commercial premises for alleged breaches of alterations covenant, and making out a robust defence based on waiver of the breach.

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