Property Litigation

Our team of property litigation lawyers advise on actions against landlords or tenants for breaches of lease covenants, including unlawful subletting and assignments, nonpayment of rent, and consent requirements. 

• Acted in High Court proceedings for a major department-store client in relation to a substantial breach of covenant claim and counterclaims concerning termination of rent concessions. 
• Successfully defended forfeiture proceedings in respect of a long leasehold interest of petrol station premises following alleged multiple breaches of covenants. Parallel Section 84 application to the Lands Tribunal to amend terms of the lease.    
• Acted for a national hairdressing chain in High Court proceedings for breach of repairing covenant and failure to repair.    
• Successfully defended a landlord claim for re-entry of commercial premises for alleged breaches of an alterations covenant and presented a robust defence based on a waiver of the breach.   
• Acted in the First-tier Tribunal in forfeiture actions and determination of breach of covenant proceedings.    

Our team advise on compulsory purchase orders and stopping up, helping clients overcome land assembly barriers to enable strategic infrastructure, regeneration, and development projects. Their experience includes resisting CPO threats, securing favourable compensation, and managing complex stopping up applications and inquiries for commercial and development sites. 

• Acted for Banham Security in connection with the threatened CPO of its headquarters building by TfL as part of the Northern Line Extension project and negotiation of a complex Land and Works Agreement securing compensation on favourable terms.   
• Represented ACE Electrical Distributors in a landmark Upper Tribunal CPO claim in connection with the Greenwich Peninsular, now the O2 Centre.    
• Represented Builder Depot when its Southgate Site was safeguarded in connection with the Crossrail 2 project.    
• Made a stopping-up application in connection with a shopping centre owned by Great Portland Estates and subsequently successfully represented the client as solicitor-advocate at the stopping-up inquiry.    

Our property litigation lawyers advise landlords and tenants on dilapidations, assessing repairing obligations, preparing or defending substantial claims, and negotiating effective settlements. Their expertise covers highvalue commercial premises disputes and strategic advice at lease end to secure the best financial and practical outcomes. 

• Acted for former tenants of commercial premises in a million-pound dilapidations dispute.   
• Advised on an eight-figure dilapidations claim against a major national institution.   
• Acted on a £5 million dilapidations claim against BT, settling favourably before trial with full recovery of costs.    
• Advised an occupier of an extensive industrial estate concerning a strategic break option and multimillion-pound dilapidations claim.   
• Acted for landlord, on a dilapidations claim against a long standing former tenant of an industrial unit. The successful claim resulted in full recovery of the cost of works carried out, a loss of rent element and costs.    
• Acted for the successful landlord in the Court of Appeal dilapidations case of Sunlife Europe v Tiger Aspect.

Our team can help you navigate through the legal issues concerning fire safety regulations and responsibilities, including orders to contribute to the cost of remediation for fire safety hazards. They have experience of representing responsible entities under the Building Safety Act 2022 in proceedings in the First-tier Tribunal (Property Chamber).

• Acting for the leaseholder owned landlord company of a large residential London block in relation to claims in the First-tier Property Tribunal (with over 100 respondents) regarding fire safety issues including cladding replacement, wooden balconies and unsafe cladding. This includes advice and claims in relation to the Building Safety Act 2022, Remediation Contribution Orders against developers and PAS9980 fire risk appraisal. 
• Advised a property owner on a very large insurance claim following fire and the mismanagement of the rebuild by insurers. 
• Represented a small drywall subcontractor (defending) against a major UK housing developer contractor (claiming) in a multi-party dispute regarding fire safety defects (settled midway through proceedings).   
• Acted for a professional landlord against a neighbouring freeholder and their insurer in relation to several residential properties for loss of rent caused by fire damage blocking the only access to the flats for a period in excess of three years. The matter settled and a six-figure sum was obtained for the client. 
• Defended the developer and landlord in the leading High Court case in relation to defective ACM cladding, Kingspan K15 insulation and cavity barriers. 
• Acted for the developer on a dispute over fire-safety-related building defects and agreeing new terms for sale using a building regulations functional compliance assessment by an IFE-registered fire engineer.   
• Advised professional freeholder of blocks of flat on its rights and responsibilities under the Building Safety Act 2022 and Regulations, including its duties to residential long leaseholders. 

Our team can advise landlords on their forfeiture options and the steps necessary to forfeit a lease. We can provide advice from the early stages of the dispute through to the forfeiture itself, whether that proceeds by court application or by peaceable re-entry. 

• Acted on and secured a victory for WeWork when its landlord tried, unsuccessfully, to forfeit one of its major leases: SBP 2 SARL v 2 Southbank Tenant Limited [2025] EWHC 16 (Ch).   
• Advised on the forfeiture of luxury restaurant premises in one of Central London’s finest 5-star hotels.   
• Forfeited three leases of a major co-working provider in the City of London and defended the associated proceedings.    
• Acted for a tenant company in pursuing a claim for wrongful forfeiture and damage to business against their landlord.   
• Successfully defended forfeiture proceedings in respect of a long leasehold interest of petrol station premises following alleged multiple breaches of covenants. Parallel Section 84 application to the Lands Tribunal to amend terms of the lease.    
• Acted for three offshore companies as flat owners of a prime central London block of 14 flats and commercial premises in an application for relief from forfeiture arising from proceedings brought by the head lessee against the clients’ immediate landlord.

Our team can advise landlords on the options available to them if a tenant has become insolvent or entered into a CVA, including recovery of any rent arrears or other outstanding monies under the lease or tenancy agreement. 

• Acted for a landlord in successfully pursuing a quasi-guarantor of a lease disclaimed by a liquidator.    
• Advised a major UK corporate on a multi-million-pound rental liability arising from the CVA of Focus DIY.   
• Conducted the defence of High Court proceedings for the administrators of a central London development company in connection with the adequacy of the build-out, a complex overage agreement, and the eventual sale of the Big Easy restaurant in Covent Garden.    
• Defended multiple proceedings seeking forfeiture of leases of retail outlets following the entry into administration of the Patisserie Valerie group, successfully securing relief from forfeiture of valuable leases.    
• Acted for Lloyds Banking Group plc in appointing CBRE as LPA Receivers and successfully prosecuting proceedings for possession against the borrower’s substantial Belgravia property portfolio.    
• Acted for a trustee in bankruptcy seeking possession of a portfolio of occupied properties previously owned by the bankrupt.   
• Advised landlords when their tenants go into creditors’ voluntary arrangements (CVAs).   
• Recovered almost £1 million in rent arrears one weekend when a retail chain was about to enter a restructuring process.

Our team advise on lease exits and break notices, guiding landlords and tenants through conditional breaks, surrenders, and strategic exit planning. Their experience includes preparing and serving notices, managing vacant possession issues, and negotiating effective outcomes to ensure breaks operate smoothly and protect clients’ commercial interests.

• Acted for a global bank in exiting 17 different leasehold premises under conditional break options and managing the relocation to new City-based premises. 
• Acted for a landowner to terminate a complex commercial lease and sub-lease in time for a £2 million property sale to a developer. The tenant and sub-tenant of a car showroom failed to vacate at the date of termination. Was instructed to prepare notices and to advise on the termination and the removal of 150 cars in time for the sale to take place.   
• Advised a large international logistics client in relation to an early break on a lease for a large warehouse in Essex. This included advice in relation to giving vacant possession ensuring that the break was effective and the client was not held into the remaining term with a total remaining value in excess of £3m. A further beneficial settlement was negotiated in relation to dilapidations which involved repairs alleged in excess of circa £200K–£300K. 
• Acted for a plc with an extensive office portfolio, successfully defending a claim by one of its former landlords that it had failed to comply with the conditions attached to the break option under the lease.   

Our team has a wealth of experience in relation to opposed and unopposed 1954 Act lease renewal proceedings. The team represents both landlords and tenants including in relation to ground (f) and (g) oppositions and in negotiations on the terms of new leases.

• Acted on behalf of Unibail Rodamco Westfield in relation to its UK shopping centres, Westfield London and Westfield Stratford City managing the lease renewals of more than 100 units with an annual combined rent in excess of £30million including acted on their behalf in connection with multiple court proceedings. 
• Acted for a major retail tenant in opposed lease renewal proceedings of premises in Covent Garden.  
• Advising Transport for London in respect of various opposed lease renewals relating to the commercial use of a number of underground stations. 
• Acted for a major retail tenant in opposed lease renewal proceedings of premises in Covent Garden.    
• Acted in High Court proceedings concerning an opposed business lease renewal of restaurant premises on the Strand and a related long-term business partnership dispute.   
• Advised Transport for London in respect of various opposed lease renewals relating to the commercial use of a number of underground stations. 
• Advised on a contested lease renewal of a Central London restaurant premises. 

Our team advises landlords and tenants on leasehold enfranchisement, including voluntary and statutory lease extensions, freehold acquisitions, and collective enfranchisement claims. Their expertise covers navigating complex statutory regimes, resolving valuation and title issues, and securing longterm ownership solutions for residential property clients.

• Successfully represented leaseholders in claims brought in the High Court and County Court, seeking permission to proceed with and pursuing a leasehold enfranchisement claim against a freehold company in liquidation.   
• Acting for a group of leaseholders in a challenge to the transfer terms in freehold acquisitions under the Leasehold Reform Act 1967. The dispute also centres on the question of whether the clients’ premises are ‘houses’ within the meaning of that legislation and therefore qualify for enfranchisement.  

Our team advise landlords and tenants on commercial and residential possession actions, guiding clients through leasebased disputes, enforcement steps, and court proceedings. Their expertise covers complex landlord and tenant matters, ensuring swift, commercially focused solutions in contentious property scenarios. 

• Advised upon and secured possession of commercial/industrial units in a case of landlord redevelopment under ground (f) of section 30(1) of the Landlord and Tenant Act 1954.     
• Acted for the beneficiaries of an estate in bringing disputed residential possession proceedings involving various hearings and a number of defendants in relation to residential flats in a London building with a combined value of £1.5m.  
• Secured an order for possession of a commercial unit in the case of rental arrears, where peaceable re-entry had been repelled.   
• Successfully resisted adverse possession claims on behalf of a large energy company in both registered and unregistered land claims.    
• Advised a local council in its role as highway authority in relation to an action against trespassers on an area of land where there had been a long history of occupation over various parts.   

Our team regularly advises clients on rent reviews according to terms specified in lease agreements.

• Acted on a major rent review arbitration for large industrial premises for an energy client.    
• Advising a supermarket chain in an arbitration concerning the interpretation of a rent review clause.   
• Acted for the landlord of a long residential lease in a dispute about the interpretation of a rent review clause, with a county court judgment obtained in favour of the landlord. 

Our team advises both landlords and tenants on service charge disputes, including representing clients in the Firsttier Tribunal (Property Chamber), resolving challenges to service charge liabilities and recovery. Their experience includes tribunal proceedings, enforcement, and negotiating practical solutions to ensure fair apportionment, financial clarity, and effective management of commercial and residential properties.

• Acted for a UK clearing bank on the re-gearing of its Canary Wharf campus and resolution of the connected multimillion-pound dilapidations and service charge dispute.   
• Successfully forfeited a residential long lease on behalf of a freeholder against a tenant of a flat for substantial service charge arrears.   
• Acted for a specialist property real estate investment trust (REIT), which owned a number of shopping centres, in respect of rent and service charge recovery.

Our team have years of experience representing clients in disputes regarding the withholding or granting of consent for actions related to property use, alterations, or assignments. 

• Successfully acted for an investment landlord in proceedings defending multiple allegations of breaches of covenant, quiet enjoyment, repudiatory breach of contract, unreasonable withholding of consent and service charge disputes.    
• Assisted with the successful appeal in the High Court in the matter of Jacobs v Chalcot Crescent (Management) Company Ltd, which related to the client seeking a declaration that his landlord had unreasonably withheld its consent for alterations to his Primrose Hill property.   
• Provided key advice in respect of landlord and tenant and other property issues to SAGA plc, a major UK corporate occupier with a significant group of associated companies such as matters arising from SAGA’s recent acquisition of Destinology Limited and Bennetts Insurance Services Limited and other advice, consents, notices and disputes. 

Our team has extensive experience in dealing with the legal process of acquiring ownership of land by way of adverse possession under both the pre and postLand Registration Act 2002 rules. We team regularly represent land owners in claims against squatters and trespassers in court proceedings for possession of the occupied land.

• Undertook urgent removal of squatters and travellers from development sites using High Court enforcement officers.   
• Instructed by a landowner against a developer initially on a trespass matter which developed into an adverse possession application.    
• Obtained possession against an unauthorised occupier who refused to vacate a property owned by the trust set up for the benefit of a vulnerable individual with health challenges.   
• Obtained possession of an industrial recycling complex from trespassers.   
• Obtained urgent possession from squatters of retail premises in Oxford Street.   
• Advised on enforcement against travellers occupying a retail car park, obtaining an urgent High Court possession order and enforcing removal within 48 hours.   
• Enforced urgent removal of trespassing travellers from a hotel car park site.   
• Acted for an individual in respect of a complex adverse possession claim of a stretch of land behind his garden. The matter was heard at the First-tier Tribunal, and the client was awarded possessory title of the land as well as a costs order.   

Our property experts advise on boundary disputes, helping clients resolve disagreements over the location or ownership of property boundaries. Their work includes clarifying rights, addressing encroachments, and managing related issues such as easements and access, ensuring practical and costeffective solutions to protect property interests.

• Represented the winning claimants in a long-running and intense domestic boundary dispute. Ultimately recovered an award of significant damages and costs by execution of a High Court order for sale over the defendants’ property, with national media coverage. Conducted parallel proceedings for the committal of the one of the defendants for contempt of court, successfully defeating a challenge to the length of his custodial sentence before the Court of Appeal.  

Our lawyers advise on complex real estate disputes, including challenges to redevelopment projects, restrictive covenant issues, planning related conflicts, title impediments, and negotiations arising from large scale schemes.

• Acted for claimants in 2025 challenging a neighbouring large-scale domestic redevelopment which infringed a number of 1960s restrictions, both in injunctive County Court proceedings, and in an application under Section 84(1) of the Law of Property Act 1925 before the Upper Tribunal (Lands Chamber).   
• Advised national, SME, and individual housebuilders on title impediments to development, including various easements, and the enforceability (and possible discharge/modification) of historic restrictive covenants.   
• Acted for the developer of a 168-key, five-star landmark central London hotel in its dispute with the fund which purchased the hotel.   
• Acted for a FTSE100 property company in obtaining vacant possession of a south London former retail site for development as a mixed-use residential/commercial development; a vacant site was achieved six months ahead of schedule and 50% under budget.   
• Advised a leading co-living brand on its management and consultancy arrangements for a new-build co-living development in central London.   
• Advised a group of farmers in Hoddesdon on selling their land to a housing developer.   
• Acted for the developer of prime real estate in the West End of London in a multimillion-pound completion claim.   
• Acted for a property developer in a claim under the Access to Neighbouring Land Act to enable it to carry out works of repair and maintenance to dilapidated barns. 
• Acted for a developer in successfully contesting the purported termination of a development agreement by a major supermarket.   
• Acted for Transport for London in defending alleged misrepresentation claim as to development intentions.   

Our specialist lawyers advise on professional negligence claims arising from property related matters, acting for clients pursuing damages against surveyors, architects, contractors, and solicitors. They work to resolve disputes over defective construction, negligent drafting, failed advice on covenants and security provisions, and high value transactional errors. 

• Acted for two individuals in a claim against a national residential house builder, in respect of defectively constructed luxury property. Proceedings were issued in the Technology and Construction Court to enforce a property agreement, between the parties, under which the defendants were obliged to build a replacement property for the claimants (the clients) to move into. 
• Advised on multiparty claim against a design and build contractor relating to cracks in the floor of a large distribution warehouse and the failure of the contractor’s stabilizing works, causing subsidence. 
• Acted for a purchaser in suing solicitors for failing to advise as to restrictive covenants on a substantial house bought for redevelopment. 
• Acted for a client suing a top 10 law firm over a mistake in a conveyancing transaction. The law firm’s original documentation had been negligently drafted. The client received just under £2 million from that law firm at a mediation.   
• Advised on a professional negligence claim against a top 30 law firm in relation to a failure to advise correctly in relation to a £16 million loan and defective security provisions required for the purchase of a childrenswear retail chain.    
• Advised on a professional negligence claim from a top 60 law firm on their mishandling of the contracts and guarantees that underpinned the acquisition of retail premises.    
• Acting for a property development company in respect of a professional negligence claim against their architect.   
• Advising a hospital trust in an arbitration against their solicitors for failing to serve a break notice.   
• Acted for two individuals in a claim against a local builder for a defectively constructed new-build house. The claim settled on terms that NHBC purchase the property from the clients for an agreed price and pay the clients’ costs.   
• Acted for a property joint venture consortium in suing its professionals for damages for a negligently drafted overage agreement.   

Our team of property litigation lawyers advise on nuisance claims, helping clients address interferences affecting the use and enjoyment of property. Their experience includes resolving issues such as toxic mould, drainage runoff, noise, and odour pollution, and securing urgent injunctions to prevent ongoing disturbance and protect property interests.

• Acted for the owner of a prime central London flat in a private prosecution under the Environmental Protection Act against a chain of London restaurants concerning noise and odour pollution caused by the restaurants.   
• Advised a property owner on claims by tenant arising from alleged toxic mould and damage to an art collection. 
• Advised on a nuisance claim for run-off from a farm across a newly built estate.   
• Successfully obtained one of the very early injunctions to prevent nuisance and annoyance pursuant to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. This case attracted local press attention as this is one of the early instances of the then new coronavirus laws being put to use in civil proceedings. 

Our property lawyers review contracts prepared by third parties in order to identify any areas of concern. With the clients’ best interests in mind, they provide advice and representation on complex issues such as agreements governing the sale, purchase, or lease of real property and in relation to breaches of sale, conditional sale, overage contracts and agreements, and deposit claims.

• Secured a beneficial settlement for a client in relation to a portfolio of properties worth approximately £2.5m originally subject to foreign court orders and subsequently two appeals in the foreign jurisdiction. The litigation then proceeded with beneficial interest claims in England. 
• Acted for one of the world’s largest tech companies, giving strategic and asset-management advice for its UK business continuity and data centre real estate portfolio.   
• Acted in a disputed joint venture in respect of a valuable Central London commercial property.   
• Acted for many of the UK’s largest estate agencies and surveyors including your-move, Reeds Rains, Marsh & Parsons, Lauristons and e.surv. Regularly instructed regarding lease renewals and property management matters on a national basis. 
• Advised Cola Holdings, a major Hotel Group, concerning the acquisition of the 600+ bedroom Hilton Hotel in Kensington including advice relating to a major claim and appeal concerning alleged disrepair and the availability of specific performance. The matter included a High Court claim and multiple appeals requiring the tenant to carry out more than £100m improvement works. 
• Advised GMS Estates Limited for many years, a longstanding property development and investment company with portfolios in London and nationally. Gave advise concerning various parts of the portfolio including Queensway involving a master plan to redesign and develop a prime new shopping area. 

Our team advises on restrictive covenants, helping clients interpret, enforce, modify, or discharge covenant obligations that impact development and land use. Their work includes resolving historic restrictions, negotiating practical solutions, and pursuing or defending claims where covenant terms limit commercial or residential property rights. 

• Acted for a major landed estate in a multimillion-pound dispute regarding restrictive covenants.   
• Acted for the owner of substantial home on one of the premier private estates in Surrey in a dispute over the enforceability of restrictive covenants affecting the development of the premises.   
• Advised national, SME, and individual housebuilders on title impediments to development, including various easements, and the enforceability (and possible discharge/modification) of historic restrictive covenants.   

We advise on rights of light and easements, helping clients resolve access, usage and development constraints affecting commercial and residential property. Our expertise includes negotiating solutions, addressing interference with protected rights, and managing disputes involving rights of way, easements and related landuse obligations.

• Dealt with and settled via deed of release complex rights of lights claims for the rooftop airspace development of a new medical facility in Islington.    
• Dealt with a suite of issues for an airspace development in Wembley, including the removal of electronic communications apparatus and negotiating the release of rights of light.   
• Acted in rural land disputes including claims regarding rights of way, prescriptive rights, nuisance (including nuisance caused by drainage from neighbouring land), adverse possession, licences (including grazing licences), rights to light and possession of property. 
• Represented BT, Malmaison, and Manchester-based Queens Chambers Property Company Limited, in protecting rights of light which would otherwise be infringed by substantial neighbouring residential and mixed-use developments.   

Our team has extensive experience advising on complex rights of way and access disputes. We help homeowners, investors, property developers, and private and public companies of all sizes resolve right of way disputes, with practical solutions.

• Acted in successful proceedings in an application for a prescriptive right of way in connection with medical surgery premises.    
• Acted for a large farm park in the Land Registration Division of the Property Chamber (First-tier Tribunal) in relation to a claim for a prescriptive right of way over neighbouring land to allow access for commercial vehicles. A successful settlement was negotiated on the first day of trial. 
• Advising a house builder client in a claim against a landowner and the exercise of a right of way.   

The property disputes team advise and represent clients in relation to residential agricultural tenancies, farm business tenancies and licences/grazing licences including in possession proceedings. Our rural land disputes work includes rights of way, prescriptive rights, nuisance, adverse possession and development issues.

• Advised on the termination of an agricultural tenancy in Herefordshire.   
• Advised on a nuisance claim for run-off from a farm across a newly built estate.   
• Advised on numerous telecoms code agreements on agricultural land.   
• Acted for a family who owned substantial farmland with a value of £15m in obtaining vacant possession of their land for development, which was secured under the Agriculture Holdings Act 1986. This involved advising on the implications of an AHA tenancy against a Farm Business Tenancy, considering historic documents as no tenancy existed, considering the implications of succession in respect of the tenant and potential applications to the Tribunal, calculating compensation to the farmers and serving notices pursuant to Case B of the Act and in the alternative Section 6 of the Act.   
• Prepared and implemented a possession recovery strategy for a developer seeking to recover possession of agricultural farmland subject to AHA secured tenancies.   
• Acted for landed estates in ongoing management of extensive portfolios of land and buildings subject to residential, agricultural, and commercial tenancy agreements.    

Our property litigation lawyers advise on wayleave agreements, helping landowners and developers manage access rights granted to utilities for installing or maintaining infrastructure. Their support includes negotiating terms, resolving disputes, protecting development plans, and ensuring clients understand the temporary, contractual nature of wayleaves and associated compensation.

• Advised on numerous electricity, water and telecoms wayleaves across agricultural land.