We advise commercial and residential landlords, commercial tenants, land owners, mortgagors, developers and individuals, working closely with our dedicated Real Estate and Litigation teams. We work hard to understand your needs and provide you with strategic advice and/or an effective solution whether by an out of court settlement or through the court process. Our experience includes advising on:-
Contentious and non-contentious lease renewals
A tenant has a statutory right to a new lease at the end of the contractual term if Part II of the Landlord & Tenant Act 1954 applies to the tenancy. That is, provided the tenancy has not been contracted out of the security of tenure provisions within the LTA 1954. Whether you are a Landlord or a Tenant, we are able to effectively manage you through the differing procedures for renewal including seeking recourse to the Courts so as to protect your position or if the parties are unable to agree on terms for the new lease. We have experience in working closely with our clients and their surveyors so as to understand their commercial needs and negotiate the terms of a new lease on their behalf.
Dilapidations generally refer to items of disrepair that are covered by repairing covenants contained in a lease. Specifically, the tenant’s breaches of their repairing covenants, decorating covenants, covenants to yield or reinstate. At the end of a tenancy, disputes can arise about dilapidations and the cost of the works required. In acting for Landlords and Tenants, we work with surveyors to consider the merits and levels of any claim and advise you on the range of options available.
Landlord & Tenant Disputes
We have the capability to deal with a full range of disputes that can arise by virtue of a landlord and tenant relationship including recovery of rent arrears, recovery of unpaid service charges, disputes involving the level of service charges or s.20 major works, disputes of breaches of lease covenants and rent reviews. We will be able to cater our advice to your particular needs so as to provide you with a range of options and to resolve the dispute in as cost efficient and effective way as possible.
Service of Notices
If you require a formal notice to be served such as serving a break notice, notice to renew or terminate a lease or as required under your particular arrangement, we are able to assist.
Possession and Forfeiture
We have a wealth of experience in instigating and responding to claims for possession of Property in a number of different guises whether it be forfeiture of a lease or possession proceedings brought by a mortgagee. If you are facing a claim for repossession, have received an Order for Sale, a s.146 Notice or notification from your Landlord that they plan to seek to forfeit your lease, we are able to advise you and manage you through the procedure in question.
Alternatively, in the event that you wish to initiate any such proceedings for recovery of Property to which you have appropriate rights or to enforce any security you may hold of a Property, we are able to advise and, if necessary, take effective action so as to achieve a positive outcome.
Boundary Disputes, Title Disputes and Title Rectification
If you have a dispute about the extent of your Property or any restrictive covenants, positive covenants or easements that may be associated with your land, we are equipped to assess your rights and, working in conjunction with our Real Estate Team, provide you with a range of options to effectively deal with the dispute.
Rights to Light
A right to light is a type of easement: that is, a right enjoyed over land belonging to someone else that benefits other land. It is a right to enjoy the natural light that passes over someone else’s land and then enters through defined apertures in a building such as windows, skylights or glass roof. We are able to work with specialist right to light surveyors to assess whether a right to light exists and, if so, the extent of any such right. Further, we are able to assess the effect that the right may have on any development project from the prospective of a developer or, whether any proposed development will impact on an existing right to light including managing our clients through any subsequent dispute.
We work closely with our Insolvency Team on any contentious property issues that arise out an insolvency situation.
Find out more from our Property Litigation team
Get in contact with our team by using the contact form on this page, calling or emailing on email@example.com