Property Litigation

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.

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.

Our team can help you deal with the difficulties faced by landlords and tenants in lease exits including break notices, dilapidations and property damage, surrenders, deposits and strategic advice.

Our team can help with any actions against landlords or tenants for breaches of lease covenants including unlawful subletting and assignments, non-payment of rent, and consent requirements.

Our team can help you with claims against professionals (e.g. surveyors, architects, lawyers) for failing to meet the required standard of care in property-related matters.

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.

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 post-Land Registration Act 2002 rules. They also assist with conflicts arising between neighbouring landowners regarding the location or ownership of property boundaries. We understand the issues facing our clients in this situation and pride ourselves on providing sound, commercial, strategic advice.

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).

Our lawyers offer expert guidance to their clients and regularly assist organisations on issues involving fraudulent activities related to property ownership, transactions, or documentation.

Our commercially savvy lawyers are often called upon to review contracts prepared for a client by a third party in order to identify any areas of concern. With the clients’ best interests in mind, they also regularly provide assistance on complex issues such as agreements governing the sale, purchase, or lease of real property. This includes representation in relation to breaches of sale, conditional sale and overage contracts and agreements, and deposit claims under those contracts.

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.

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

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.

Our team has experience advising on complex disputes concerning access to natural light, easements and prescriptive rights.

Our well-experienced lawyers understand the legal conflicts related to property taxes or rates assessed by local authorities and can help you bring matters to a swift conclusion.

Our team advises both landlords and tenants on service charge disputes, including representing clients in the First-tier Tribunal (Property Chamber).

Our team can provide practical advice to landlords and tenants on break notices in commercial leases. This includes issues concerning the termination of lease agreements through break clauses, including notice validity and service requirements.

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.

Our team can advise on any conflicts concerning the ownership or validity of property titles.

Our real estate disputes team regularly represent land owners in claims against squatters and trespassers in court proceedings for possession of the occupied land. This includes obtaining urgent interim possession orders.

We can help in seeking legal remedies for disturbances or interferences with the use and enjoyment of property.

Many landowners have utility apparatus crossing their land. Our team can guide you on your rights allowing certain utilities or public entities to access or use private property for specific purposes, such as installing and maintaining infrastructure.

Our team can help you overcome the hurdles in land assembly, which will enable strategic infrastructure, regeneration and your development projects to proceed successfully.

• 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.
• 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.
• Advised a property investment group in relation to a multi-million-pound set of disputes across their portfolio including fractional ownership issues, recission of sale contracts, negligence of previous advisers, contract variations and the administration of developers. This included High Court proceedings in relation to applications by administrators (of an uncompleted development invested in) for the sale of property, the recovery of purchase monies and the priority of the client’s security over investment properties.
• 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 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.
• Represented a sovereign wealth fund in the acquisition by sale-and-manage-back of a landmark London hotel for £400m.
• Advised a UK bank in its capacity as lead lender on enforcement options of a multimillion-dollar syndicated loan facility secured against an international chain of hotels.
• Acted for a purchaser in suing solicitors for failing to advise as to restrictive covenants on a substantial house bought for redevelopment.
• Advised a property owner on a very large insurance claim following fire and the mismanagement of the rebuild by insurers.
• Advised on the joint venture and management/franchising suite of documentation for a 13-hotel JV agreement with a major brand and white-label operator.

• Advised two large national restaurant chains in relation to a site share of a prime London site (worth in excess of £400K per annum) resulting in a successful negotiation for the clients with the landlord.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• Advised a property owner on claims by tenant arising from alleged toxic mould and damage to an art collection.
• 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.
• Advised Transport for London in respect of various opposed lease renewals relating to the commercial use of a number of underground stations.

• Acted for Kensington Close Hotel in an important High Court and Court of Appeal case concerning disputed rights of access between two major London Hotels (London Tara Hotel v Kensington Close Hotel [2011] EWCA Civ 1356).
• 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.
• 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.
• Acted for Hundalani in respect of service charge dispute and alleged interference with a right of way (Crane Road Properties LLP v Hundalani [2006] EWHC 2066 (Ch) [2006] PLSCS 191).
• Acted in successful proceedings in an application for a prescriptive right of way in connection with medical surgery premises.
• 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.
• 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.

• 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.
• 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 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.
• Acted for the Football Association in successfully seeking rectification in relation to redevelopment of Wembley Stadium.
• 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.
• 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.
• Leading the successful opposition to two major wind farm developments at public inquiries.
• 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.
• Represented property developer in complex, multi-party litigation concerned with improper exercise of mortgagee’s power of sale over a residential development.
• 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.

• Successfully resisted adverse possession claims on behalf of a large energy company in both registered and unregistered land claims.
• Advised on enforcement against travellers occupying a retail car park, obtaining an urgent High Court possession order and enforcing removal within 48 hours.
• Acted on repossession of commercial properties under Landlord and Tenant Act 1954.