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Property Litigation

Whatever property, land or construction disputes you're facing, our property litigation lawyers have the technical expertise, business acumen and dedication to meet your legal needs.

Introduction

Our cross-departmental team of property litigation lawyers work with landlords, commercial tenants, leaseholders, property developers, housing associations, property managers and agents and building contractors.

We can provide advice and assistance on any issues arising from:

  • The use or occupation of property, including contentious business lease renewals
  • Repair and dilapidation claims
  • Recovery of possession
  • Claims for forfeiture (and relief from forfeiture)
  • Lease extensions and collective enfranchisement
  • Rent and service charge recovery, including service charge disputes
  • Disputes over breaches of covenant or requests for consent
  • Property insolvency issues
  • Adverse possession claims, boundary disputes, contested rights of way
  • Construction disputes

What do our clients say?

"I had occasion to use PDT Solicitors, and in particular Gail Morris, in August 2016 for information and advice in the forfeiture of a lease. Gail provided clear and concise information on the subject together with alternative avenues that could be explored should we so wish. The legal points were explained in plain English and made easy to understand. Once instructed Gail moved the process on in a timely manner and the forfeiture was completed without any fuss. PDT were assiduous in ensuring I was kept fully informed at all stages of the forfeiture. I would not hesitate to use them again if ever in that unfortunate position!"
Jane Clay, Customer Services Manager at Croudace Homes

"We instructed Gail to help us with a lease extension on our home, which should have been straightforward but was complicated by an unresponsive and awkward freeholder. She became involved once regular negotiations - and an LVT decision - had nevertheless reached an impasse where we did not have the extension signed by the freeholder. She ensured that we reached the desired result, a new lease extension, with the minimum possible fuss and cost, and without the need to go to court."
Toby at Quaff Fine Wine Merchant Ltd

What have we worked on recently?

To give you an idea of the scope of projects we can assist on, here's a taste of some of our recent instructions:

  • As part of our busy contentious business lease renewal practice, we recently assisted a commercial landlord to successfully resist claims for new leases from seven commercial tenants on an industrial yard on grounds of proposed redevelopment of the whole site (and in some cases on grounds of tenant default), enabling it to complete a sale of the yard to a property developer.
  • We recently agreed an interim rent in relation to a mixed use premises for another commercial landlord (having first successfully opposed the grant of a new lease of the whole building to the tenant due to the tenant's persistently poor conduct and default).
  • We regularly act for a well-known national charity in relation to its property portfolio. Recent instructions have included recovering possession from squatters at several of its commercial properties in London and advice on a dilapidations claim brought against it by a freeholder.
  • We recently settled a claim in relation to a disputed lease extension for a long leaseholder of a flat in London. In addition to issuing protective tribunal proceedings for determination of the premium to be paid and the terms of acquisition, we advised on and issued a claim for determination of the validity of the counter-notice served by the freeholder. When the freeholder failed to complete the new lease following agreement of the premium and terms of acquisition, we then brought a claim for a vesting order, following which the freeholder proceeded to complete the new lease.

What are we experts in?

Our property litigation lawyers have expertise in the following areas:

  • Advising both commercial landlords and tenants in relation to contentious business lease renewals or terminations and in dealing with Court proceedings, including applications for determination of an interim rent.
  • Advising commercial landlords and tenants on issues such as forfeiture (and relief from forfeiture), dilapidations, rent review, breach of covenant and consents to assign / alter etc.
  • Advising landlords, tenants and insolvency practitioners on property insolvency issues (including disclaimers, liability for rent, deposits and forfeiture).
  • Residential landlord and tenant work including possession claims, nuisance actions and recovery of rent and service charges.
  • Advising leaseholders and freeholders on collective enfranchisement and lease extensions, including dealing with Tribunal proceedings and County Court claims for vesting orders, determination of validity of notices served and so forth.
  • Advising both commercial and private landowners on contentious issues that arise in relation to the use of their land, including claims for adverse possession, recovering possession from squatters, boundary disputes, nuisance actions and disputed rights of way.

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