Property Litigation

Few people enjoy litigation, however, disputes cannot always be avoided. If our clients’ property rights need enforcing we are there to do so, and we have taken cases all the way to the highest court in the land if necessary.

Often the key is to look beyond the obvious immediate point of dispute and to assess where a client’s long term strategic interests lie.

Much of the skill in this area of law is about getting the right result without having to go to court. Whether we are advising a major urban estate or a retail or residential occupier we are here to guide our clients in all the ways in which their property interests may be challenged. When litigation is required, it will be hard fought.

Equally, however, the right case can be solved by mediation or direct negotiation. If we are consulted early enough, court proceedings can often be avoided. A big part of what we do is working strategically with the other teams in real estate to spot the issues early on, tackle them and find a way to achieve our clients’ long term aims. The right result at the right time.

Our clients include large urban estates, commercial, mixed use and residential property developers, occupiers, retailers, hotel owners, charities and high net worth individuals. Advising commercial and residential landlords and tenants means that we understand the drivers and concerns of each group. We bring that experience and knowledge to finding the best solution for each client.

How we help

• Lease renewals – We have a deep understanding of the issues surrounding opposed and unopposed business lease renewal claims for both landlord and tenant clients, with particular emphasis on freeing up sites for development
• Landlord and tenant – We act to protect the interests of commercial landlord or tenant clients in disputes including breach of covenant, dilapidations, rent reviews and service charge disputes
• Construction disputes – When things go wrong we work with our clients on all types of construction disputes. We provide realistic and practical advice for resolving the problem and achieving the best possible results. We can resolve complex issues through arbitration, adjudication, mediation and the courts
• Leasehold enfranchisement – We have an established reputation in leasehold enfranchisement and reform, particularly in relation to issues of principle, having been involved in some of the key precedent cases on what properties are capable of being enfranchised
• Residential tenancy disputes – We act to secure positive results for landlord and tenant clients in high value tenancy disputes, including Rent Act and Housing Act matters
• Joint Venture disputes – When things go wrong and parties fall out, we can advise on the exit strategy to bring the JV to an end without recourse to proceedings. Where that is not possible, we can represent clients in mediation, expert determination or ultimately court proceedings to terminate the agreement and protect our client’s interests.

With nearly 300 years of advising property clients, our team has the range and depth of experience to understand your needs and objectives and guide you to a successful outcome.