Real Estate Litigation

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 major pension funds and institutional investors to individual landlords, tenants and property owners.  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 Real Estate department.  Examples of our areas of work are listed below but we can advise on any property/land related dispute:

  • 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, possession claims, enfranchisement and lease extensions.
  • 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, construction related litigation.
  • Co-ownership issues/trust disputes.
  • Property-related fraud.

Related pages

Civil Fraud and Investigations

The international nature of commerce and growing reliance on electronic communications mean that the number and value of fraud claims is rising.

Commercial and Contract Disputes

Corporate disputes can be stressful, disruptive and damaging. We provide tactical and strategic advice to businesses and individuals.

Dispute Resolution

Dealing with a dispute professionally and commercially takes skill. We assist and support our clients with both legal knowledge and strategy.

Financial Services Disputes

We represent individuals and businesses in high value and complex claims against banks and financial institutions.

Real Estate

Our firm has advised in property transactions for over 75 years, acting for a variety of clients across the real estate and construction sector.

Reputation and Media

Protecting our clients’ reputation and maintaining control when they are the subject of media scrutiny is what we do.

Injunctions

If you need to prevent the loss of an asset, damage to reputation, or protect against personal harm, it may be necessary to apply for an injunction.

Insolvency

Our dispute resolution lawyers represent individuals, companies and insolvency practitioners on insolvency matters.

International and Cross-Border Disputes

When disputes involve individuals or organisations in different countries, those involved often face an array of complex issues in various jurisdictions.

Litigation Funding Options

Funding litigation can be expensive and cause concern. We hope to alleviate these concerns by offering our clients a bespoke funding package.

Professional Negligence

Our experienced team of litigators act for claimants in bringing claims against professionals when they get it wrong.

Wills, Trusts and Inheritance Disputes

Bringing or defending disputes over wills, trusts and estates is especially demanding. Seeking expert legal advice at an early stage is crucial.

News and blogs

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Blogs

Who is on the hook?

Everything must go?

Legal update: Claimant’s delay proves fatal when making application for relief from sanctions

Property transaction deemed an ‘unconscionable bargain’ but not enough of a bargain to overreach a mortgage interest

Conveyancers’ joint responsibility for fraudulent transaction

Rights of cohabitants - setting the record straight

Severing a joint tenancy may be easier than you think

Marks and Spencer plc (“M&S”) v BNP Paribas revisited: the final say on apportionment of rent

Selective licensing scheme - Hyndburn sees first prosecutions of private landlords

Legal update: Property valuer frustrates negligence claim, but not by proving it wasn’t negligent

Building contracts: The importance of accurate and clear Interim Applications and Pay Less Notices

Chalets and service charges: the Supreme Court orders for certainty in contracts

The requirements of a residential service charge demand

Legal update: Deregulation Act 2015 - Implications for tenancy deposit protection

Can a real estate agent be an arbitrator?

Gordon Ramsay’s court room nightmare

‘Right to rent’ checks must begin – more responsibilities for landlords

Let me in. Where there’s a tenancy, there are tenants’ rights

“All clear” on Section 21 Notices to Quit

Legal Update: The Court of Appeal limits the presumption of undue influence

Break clauses breaking the bank?

Key considerations when exercising a break clause

Break clauses in commercial property

Increase in County Court Jurisdiction Limit

Changes to the law of distress – more red tape for landlords?

Assured shorthold tenancies – one less banana skin...

Vacant retail property - how to deal with unwanted Christmas traders

Alternative Dispute Resolution (ADR) up for discussion

Changes to Judicial Review of Planning Decisions come into force today

No more wheel-clamping on private land

Squatting becomes a criminal offence (again) – an update

Mobile phone masts - have your say

Landlords and Managing Agents take note - the importance of getting the address right

Squatting becomes a criminal offence (again)

M&E issues in dilapidations claims

Short lets during the 2012 London Olympic Games – beware of the minefield

Making recoveries from judgment debtors owning property

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+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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