Real Estate litigation requires specialist knowledge and expertise. Our dedicated real estate litigation lawyers have experience in both the commercial and residential sector having acted for landlords and tenants, landowners and developers as well as HNW individuals. Advice is always commercial and tailored to meet each client’s needs.
As with all disputes, we understand the importance of strategy to secure the desired outcome preferably avoiding litigation at all. Whilst litigation is sometimes unavoidable, we consider risk avoidance a major part of what we can offer and, with this in mind, we work closely with our wider Real Estate department. We are also able to draw on the expertise of our Private Client, Insolvency and Regulatory departments.
We can advise on any property/land related dispute.
Examples of recent work
- Representing a luxury retailer in response to the issue of a landlord’s section 146 forfeiture notice and claims from a third party occupier that it enjoyed security of tenure under the Landlord and Tenant Act 1954. There were competing interests from the other parties in dispute with our client which required a careful strategic approach to ensure that our client’s interests were fully protected. We successfully negotiated terms with both parties to ensure the status quo was maintained with the Section 146 notice being withdrawn and a new subtenancy granted.
- Assisting Receivers appointed by a charge holder to maximise the value in leasehold premises which was the main asset of the lessee, by applying to the landlord for consent to a variation of the permitted user clause in the lease, thereby enabling potential future development of the premises.
- Supporting our Insolvency colleagues by providing advice to Administrators in relation to a leasehold property portfolio which included the grant of licences to third party occupiers and advising on the terms of a surrender.
- We regularly work alongside our Private Client team to secure vacant possession of residential and commercial premises which includes advising on the status of occupiers or division of ownership. Residential possession claims can be complicated and we recently acted for a landlord in recovering possession from occupiers who were a mixture of tenants and licensees. Consideration had to be given to whether the property in question was an HMO and whether a tenancy by estoppel had been created.
- Advising an overseas provincial government of its options in relation to a residential lease of Central London premises regarding the condition of flues and attached cowls which contained a degrading asbestos material (chrysotile). We helped our client to reach an agreement with their landlord for the timely and safe removal and replacement of the asbestos.
- Management work such as 1954 Act lease renewals (opposed and unopposed), rent review disputes, dilapidation claims, lease exits, forfeiture, recovery of possession, enforcement of covenants and service of notices (break notices in particular).
- Commercial and Residential Landlord & Tenant including service charge disputes, and possession claims.
- Rent arrears and debt recovery.
- Insolvency related property issues.
- Easement and restrictive covenant disputes.
- Development disputes involving party wall and rights to light issues, development agreements and, working with our Construction team.
