Our real estate litigators offer clear, succinct and commercial advice on complicated and technical real estate disputes. We work hand in hand with our real estate colleagues, ensuring that once disputes have been resolved they are accurately documented at the earliest opportunity. We are intrinsic to the process of property management.
We astutely assess the strengths and weaknesses of our clients’ cases and advise on how best to resolve them, whether by way of a negotiated settlement or a formal procedure, such as mediation or adjudication. Where disputes are not resolved we are experienced litigators, experts in court procedures and proud of our successful impressive track record.
When you instruct us to handle your real estate disputes you can be confident we will get the best result possible with a transparent fee structure.
We work with many clients from a range of sectors and industries on their disputes. These include:
- Landlord and tenant work – the full range of contentious portfolio management work such as forfeiture, lease renewals, rent review disputes, lease exits, dilapidations, recovery of possession and enforcement of covenants, the service of notices and in particular the operation of break options
- Boundary, access and easement disputes
- Enforcement and removal of restrictive covenants
- Nuisance and negligence claims
- Trespass and adverse possession
- Professional negligence
- Rent arrears and debt recovery
- Insolvency-led disputes
- Residential landlord and tenant work including possession, enfranchisement, service charges and statutory consultation processes for landlords’ works
- Agricultural landlord and tenant work
- Our real estate litigators work closely with all the firm’s retail and real estate clients providing assistance with any dispute work encountered in the course of portfolio management including rent review determinations, break clause issues, covenant enforcement, dilapidations, lease renewals and any dispute resolution issues arising from the landlord and tenant relationship.
- Aldermore Bank plc-v- Nassir Rana  EWCA Civ.1210. We acted for this high net worth individual in successfully defending a case brought by the bank in relation to a multi-million pound re-mortgage involving issues relating to agency, trust and how and when a mortgage transaction is completed. The case was successfully defended up to the Court of Appeal and is reported. Alexander Hill-Smith of New Square Chambers was instructed by the team.
- R (on the application of The Midcounties Cooperative Limited) v Wyre Forest District Council (1) and Tesco Stores Ltd (2)  EWCA Civ 841 – challenging the right of a retailer to build a superstore on the outskirts of an historic town
- Fenton v Holmes  All England ER (D) 12 – solicitor’s negligence action arising out of failure to spot agricultural tie
- Nurdin and Peacock Plc v DD Ramsden & Co  All England (D) 112 – overpayments of rent made in the mistaken belief that they were due and owing could be recovered as money paid by mistake, whether the mistake was one of fact or law
- National Grid Company Plc v M25 Group Limited  All England Reports (D) 791 – the rent review and third party determination provisions in a lease did not confer on an expert the exclusive power to construe it
- Blockbuster Entertainment Ltd v Leakcliff Properties Ltd 1 EGLR 28 – we successfully represented the Claimant tenant in this expedited action by the tenant of commercial premises for a declaration that consent to a sub-letting had been unreasonably withheld
We’re immensely proud of our client relationships. We strive to be a welcome and constant companion throughout their journeys.
Many of our clients have been with us for a long time: some since the firm began. We help them navigate matters to achieve the right outcome and we stay with them until everything has been resolved. By securing and protecting our clients’ interests, we give them the confidence and freedom to focus on their core business.
Our clients operate in different industries and sectors, but most of them have serious real estate interests, whether in the form of property in the traditional sense or other types of physical infrastructure.