Real estate disputes

Real estate disputes

"You might not always get the advice that you want to hear, but you most certainly always get the advice you need. Practice head Nicholas Shepherd is highly respected by his peers, who highlight that 'he offers the commercial solutions that clients want'"

Chambers UK

Excellent service and legal advice from team specialising in real estate disputes and litigation and legal disputes delivering an amazing client experience for companies in the UK.

Our national Property Litigation team specialises in the full range of landlord and tenant litigation and other real estate disputes.

The size of our property litigation practice means that we are able to provide comprehensive advice on all types of real estate disputes, and that we have strength and depth.

Our clients operate in all sectors of the economy. They include retailers, leisure operators, residential and commercial developers, property investors and other land owners and public authorities.

Whilst property litigation is the core of our business, we fully understand the need for effective conflict avoidance and dispute resolution, both through advisory work at an early stage and all types of alternative dispute resolution including mediation, arbitration and expert determination.

The Legal 500 - The Clients Guide to Law FirmsWe understand the need to achieve obtainable results in the most cost effective and timely manner and therefore, where appropriate to the case, we can offer staged fixed fees for dealing with specific elements of a claim.

Our services include:

Business lease renewals

  • break notices
  • claims relating to landlord's consents
  • dilapidations claims
  • forfeiture and applications for relief
  • original and previous tenant liability
  • possession claims including residential properties and flats above shops
  • service charge issues including the recovery of residential service charges
  • tenant default including distress for rent
  • tenant insolvency

Development

  • Judicial Review of planning permissions and refusals
  • Land Registry rectification claims and the adjudication of other land registration issues
  • option and overage disputes
  • party wall issues
  • removal of squatters and travellers
  • restrictive covenant issues
  • rights of way and other easement disputes
  • rights to light
  • riparian rights
  • site clearance

Work highlights

  • Acting for a commercial developer in successfully defending a claim brought by its planning consultants for unpaid professional fees and in counterclaiming for damages arising from negligent planning advice
  • Acting for the tenant of commercial premises in defeating a challenge brought to the validity of the exercise of an option to break a lease, the challenge being based on the conditionality of the break option
  • Acting for the freehold owner of commercial premises in establishing at trial that its business had acquired a prescriptive right to park on a neighbouring development site
  • Acting successfully for a residential developer in numerous claims for specific performance of contracts for the sale and purchase of apartments, the purchasers having counterclaimed for rescission based on alleged misrepresentations and breaches of contract
  • Acting for the landlord of commercial premises in a High Court claim for specific performance of an agreement for lease, with a £1m-plus debt claim for rent arrears, service charge and insurance premiums, with subsequent cross-border enforcement of the judgment