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Have you missed a payment of commercial rent to your landlord?
Insights Property DisputesAfter 25 March 2022, commercial landlords are permitted to exercise their usual remedies of enforcement for any missed payment of rent.
Property Disputes
ExpertiseOur team of Property Disputes lawyers has over 30 years’ specialist experience of handling property litigation. We are highly regarded in the industry and understand the issues faced by our commercial clients. Our property litigators are recognised for providing straightforward and practical advice. Caroline Cowley leads the team and regularly appears in the Chambers Guide to the Legal Profession.
Our property disputes lawyers act for an evergrowing client base reflecting a wide range of real estate sectors including national housebuilders, niche developers and property investors, residential management companies, commercial landlords and tenants, residential social housing providers, letting agents and retailers.
Our clients benefit from the team’s specialist knowledge and experience of property litigation and land disputes. We actively encourage proactive methods of dispute resolution such as mediation and arbitration which offer an alternative to traditional court proceedings. Most recently, we have successfully acted for a number of clients through online mediations and court hearings thereby reducing our clients’ time, stress and cost.
We work closely with our Commercial Property and Property Development colleagues to provide a complete property service.
Our Experience
Advising a Large National House Builder
We issued High Court proceedings and successfully negotiated the settlement of a multi-million-pound dispute relating to the interpretation of an option agreement. Our client (a national house builder) was paid a seven-figure sum as part of the settlement.
Adjudication in respect of a Construction Contract
We dealt with an adjudication concerning the interpretation of a construction contract on a significant development. We successfully defended proceedings brought by a sub-contractor.
Achieving Possession for Redevelopment
We obtained vacant possession of numerous residential properties to enable a large redevelopment to take place by serving break notices.
Possession against trespassers
Acted for a national housebuilder in issuing, obtaining and enforcing an urgent possession order in the High Court against persons unknown who had unlawfully entered a construction site.
Advising on Overage Payments
We advised a large national house builder in respect of a land dispute over the calculation of an overage payment in a land contract relating to a significant development. The property dispute involved complex technical issues. There was a significant six figure sum involved. We helped our client achieve a settlement and so avoid costly, risky property litigation.
Opposing Lease Renewals
We helped a land developer client secure vacant possession of commercial premises protected by the Landlord and Tenant Act 1954 to allow the redevelopment of an industrial site in North London. The redevelopment provided 160 new dwellings and commercial properties for the local area. Our property disputes work included helping our client terminate commercial leases and defeat claims by the tenants for new leases.
Sharples v Places for People Homes Ltd and Godfrey v A2Dominion Homes Ltd
We acted for a social housing provider on a landmark conjoined Court of Appeal case which confirmed that a landlord could recover possession of a property based on rent arrears which are subject to a Debt Relief Order.
BDW Trading Limited v JM Rowe (Investments) Limited [2011] EWCA Civ 548
Successfully acted for Barratt Homes at trial and on appeal in respect of a conditional contract for development.
Our Services
- Service of break notices and all manner of other property notices
- Landlord and Tenant Act 1954
- Landlord and Tenant Insolvency Events (administrations, liquidations and CVAs)
- Rent Reviews
- Sub-letting and assignment of leases
- Alterations of premises
- Landlord and Tenant advice in respect of Coronavirus (Covid-19) restrictions related to commercial and residential leases
- Advice in relation to rights of first refusal, leasehold enfranchisement and Right to Manage
- Section 20 consultation for major works
- First Tier Tribunal Proceedings (FTT)
- Development Agreement and Land Contract Disputes
- Overage Claims
- Disputes on Section 106 Agreements
- Nomination Agreements
- Restrictive Covenants, Rights of Way and Easements
- Boundary Disputes
- Rights of Light
- Party Wall Act Issues
- Telecoms and The Electronic Communications Code
- Rectification of Defects
- Customer Care Issues
- Dilapidations
- Disrepair
- Environmental Claims
- Criminal Proceedings for Nuisance and Abatements Notices
- Lease Renewals/Extensions
- Disputes on Construction Contracts and Adjudication
- Possession Claims for breach of Tenancy/Lease
- Commercial Tenant Rent and Service Charge Arrears
- Forfeiture
- Termination of Business Tenancies/Leases
- Trespass
- Housing Management
- Leasehold Management
- Anti-Social Behaviour Injunctions
- Gas Safety Injunctions
- Access and breach of Tenancy/Lease Injunctions
- Social Media Injunctions
- Injunctions against Persons Unknown
- Court and Tribunal Proceedings
