Property litigation

Property litigation

Our national Property Litigation team has extensive experience and unrivalled expertise in dealing with this complex area of the law.

With one of the largest property litigation practices in the UK, we are able to assist you in all areas of landlord and tenant litigation, and in any real estate dispute.

We act, for example, in connection with break notices; dilapidations; forfeiture; land registration disputes; issues relating to landlord's consent; lease renewals; possession claims; recovery of rent and other arrears; rights to light and other easement disputes; service charge issues; property related insolvency; and restrictive covenants.

Legal 500 Top Tier Firm 2016 We also advise on a number of niche areas of law, including property related telecommunications issues, judicial review, and agricultural law.

Our clients include household names in the retail and leisure sectors, investment landlords, developers of both commercial and residential land, local authorities, and other public bodies.

We will work with you - and with your other professional advisers - to resolve any property litigation dispute as efficiently and cost effectively as possible.

This may mean resolving a dispute at the initial advisory stage through early negotiations but, if proceedings are necessary, we will 'fight your corner' presenting a robust case to the court. We adapt our approach to the individual case, developing a strategy to best meet your commercial aims.

Work highlights

  • Assisting on the reorganisation and disposal of a national leisure property portfolio, through assignments between various group companies. We successfully challenged landlords who had failed to respond to applications for licences to assign or who had unreasonably withheld consent
  • Acting for the landlord of pub premises in pursuing an interim claim for specific performance of the tenant's repairing covenants, defended by the tenant on the ground that the majority of the repair works should be held over to the end of the term of the long lease, leading to a settlement including the agreement of a significant programme of works to be carried out by the tenant
  • Acting for an investment landlord in successfully enforcing the continuance of a lease due to the failure of the tenant to comply with the conditionality of an option to break the lease
  • Acting for a mixed use developer in successfully defending at trial an objection to an application for the registration of a right of way acquired by prescription. The land registration was crucial to the client's development plans, as its planning consent required an access with a width that could not be achieved without the right of way
  • Acting for a property development company in court proceedings against squatters who had taken up possession of a site in protest against plans to build a supermarket