Property Litigation

Our clients need advice in a variety of property related problems, from commercial landlord & tenant disputes to residential possession proceedings.

Commercial Property Disputes

Commercial property transactions and relationships can result in disputes of a broad nature, including:

• Non-payment of rent and action by the landlord to recover it
• Recovery of possession by forfeiture, after a qualifying breach of covenant by the tenant
• Termination of agreement by notice and contested lease renewals
• Tenant or landlord insolvency
• Dilapidations
• Commercial Lease Renewal Proceedings
• Enforcement of Lease Covenants

Where a landlord & tenant relationship breaks down or a dispute arises, landlords need to act carefully in the way they deal with their tenants. For example, a common mistake made by landlords is to demand payment of rent arrears and to threaten forfeiture in default of payment. Demanding rent is very likely to be held by the court as waiving the right of the landlord to forfeit the lease.

Both commercial landlords and tenants need to take legal advice before entering into a lease. Ideally, the lease should be drafted by a professional, to ensure that the terms between the parties are clear and unambiguous.

We guide you through from start to finish ensuring you take the correct course of action.

Residential Property Disputes

We work closely with a range of landlords from those with just one investment property to those who own hundreds and we understand what matters to them when disputes arise. We also have particular expertise in working closely with Letting Agents in representing them and their clients.

Problem tenants are an unwelcome issue, Landlords can seek to avoid problem tenants by vetting potential tenants carefully at the outset and by obtaining references and performing credit checks where possible.

Landlords are only able to obtain possession from a residential tenant in occupation, with an order of the court. It is critical that the correct procedure is followed to ensure that possession is obtained lawfully, as technical defects in the notice or proceedings can defeat or delay a claim. Appropriate steps will also be necessary to recover the rent arrears and costs. For more information on Residential Possession see our dedicated page.

We offer a solicitor-led specialist service for landlords wishing to evict tenants by either S.21 or S.8 proceedings.