Commercial Property Disputes

Almost every business will have an interest in property, whether as a landlord, tenant or owner.

The role of our property litigation team is diverse and they are not only called upon when a party has been in breach of its obligations but also when a party is in contemplation of breach or there is a risk of the same. They provide expert guidance on the consequences of, for example, taking various steps under a Lease or the enforceability of restrictive covenants.

It is not unusual to encounter a property dispute and when it does happen, it can be highly disruptive, which in turn, demands practical, pragmatic and effective advice. Our property litigators keep our clients’ objectives at the heart of their negotiations, are watchful of costs and appreciate how time consuming litigation can be. With this in mind, they aim to resolve issues through negotiation and mediation. If, however, a matter leads to litigation, they ensure that all matters are dealt with tenaciously and promptly.

We take pride in the network of professionals we have close relationships with, this enables us to have surveyors, engineers, agents and experts across many sectors at our disposal to enable you to have access to quality advice from the inception of any dispute.

We regularly advise on the following matters:

  • Disputes relating to a tenant’s application for landlord’s consent by way of a licence for alterations/alienation.
  • Issues with rent review provisions in a Lease such as interpretation of provisions and carrying out negotiations with the Landlord.
  • Dealing with the termination of a lease by way of forfeiture, break notices and notices to quit.
  • Analysing the repair provisions in a Lease and assisting in the preparation and drafting of interim and terminal schedules of dilapidations.
  • Dealing with the enforcement and opposition of any breaches of the repair provisions in a lease.
  • Enforcing the Landlord’s obligations to provide services and dealing with disputes concerning service charges and service charge recovery.
  • Strategically handling proceedings relating to security of tenure matters such as contested and non-contested Lease renewals.
  • Dealing with insolvency proceedings relating to the liquidation, administration and receivership of landlords and tenants.
  • Advising insolvency practitioners on disclaiming a Lease.
  • Advising on professional negligence actions, for example, in relation to advice given by solicitors and surveyors and claims against management companies.