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 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.

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, 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.

News and blogs

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A room with a view: Angry neighbours lose Tate Modern balcony case

Property regulation - Important changes to HMO legislation

The Law Commission to look to reform Right to Manage legislation

Minimum three year residential tenancy – disaster for landlords?

Dreamvar: innovate to survive

Tenant Fees Bill: What does it mean for tenants?

Property Fraud after Dreamvar v Mishcon De Reya

Break no Mistake

Revisiting Res Judicata

Time’s up! When does “late” become “too late” to make an application for provision under the 1975 Act?

Supreme Court goes back to basics in negligent valuation claim

Protect your Property: 3 Simple Steps

The Life and Soul of the Party Wall Act - top tips on how to maintain a good relationship with your neighbours

Are you a “responsible” host? Airbnb enforces 90 night annual limit for London hosts

Check your lease before you list for Airbnb – a warning of the pitfalls of leasehold covenants

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

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