Property Litigation

Robust and skilful approach to resolving property issues fast, in full and hassle free

Property Litigation is a complex area of law, and can have considerable consequences for the development, use, value or profitability of your property or land.

 

We have a specialist property litigation team who regularly work on complex and challenging matters and have considerable experience and knowledge of the sector.

 

We work with landlords, commercial tenants, leaseholders, property developers, housing associations, property managers and agents and building contractors on all issues and challenges arising from the use or occupation of property.

 

Amongst other things we advise on...

 

  • 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

 

Landlord and tenant

 

As a landlord, you need to protect your property and your income stream. We understand the difficulties and pressures you encounter when faced with arrears, service charge disputes, disrepair to your property or the insolvency of your tenant. We offer practical specialist advice and guidance to resolve situations quickly and cost effectively and, if necessary, we can help you to get your property back.

 

As a tenant, you need flexibility to deal with the property to meet your changing business needs and someone to fight your corner when faced with a proposed rental increase under a lease or a large service charge or dilapidations liability. Our team is experienced in dealing with all issues you may face during your tenancy and offer practical advice and assistance.

 

We also understand the challenges faced by both parties once the lease term comes to an end, particularly where the tenant has a statutory right to claim a new tenancy.

 

Property developers and building contractors

 

The profitability and successful completion of a development requires the prompt and cost-effective resolution of issues which may arise in the acquisition, development or sale of the scheme. As a developer, you may face claims from adjoining land owners in relation to rights of way and rights of light or become embroiled in boundary disputes. Equally, you may need to seek the variation or release of a restrictive covenant affecting your ability to build.

 

Where a scheme is being developed with a partner or you are working with contractors, disputes may arise as to a parties’ obligations under a partnership deed or building contract or as a contractor’s performance. In such case, you need practical commercial and legal advice to enable resolution of the dispute with minimum interruption to the progress and completion of the development.

 

Land owners

 

Private land owners encounter issues in relation to the use of their land, including claims for adverse possession, recovering possession from squatters, disputes over boundaries, nuisance actions and disputed rights of way. We understand the importance of resolving these issues quickly, cost-effectively and with a minimum of stress for you.

 

 

Recent experience

 

  • 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.
  • Allowing our client to take control of a partnership and development of substantial student accommodation following breaches of a partnership agreement
  • Negotiation and successful completion of a lease agreement with a major supermarket chain
  • Recovering over £500k of bad debt
  • Successful outcome following a complex case for rights under the Landlord and Tenant Act for a football club
  • 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.

  • Agreed an interim rent in relation to a mixed use premises for a 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).

  • 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.

 

Contact Gail to discuss your property issue further

 

What our clients say

Related Content

PDT Solicitors

Accredited and Award Winning

PDT Solicitors LLP is an award-winning, highly accredited and top ranked commercial law firm. We are committed to the development of an excellence in service delivery, the development of genuine sector expertise and the creation of a working environment that supports, encourages and inspires.

Get in touch with PDT Solicitors

Please leave this field blank



My topics of interest



On submitting the form you agree to be opted in to receive PDT Solicitors communications. This means PDT will send you relevant content based on the options you have selected above. We will never share or sell your data and we will always keep your information safe and secure. For more information please read our privacy statement


Submit

To ensure we give you the best experience on our website we use Cookies. You can change your cookie settings at any time. However, if you continue without changing your settings we will presume you are happy to receive all cookies on the PDT website.

Continue