About our property litigation services at Wright Hassall

OUR PROPERTY LITIGATION TEAM

HOW WE CAN SUPPORT YOU

PROPERTY LITIGATION

We advise commercial landlords, developers, landowners, property investors, property management companies and property occupiers on how to resolve commercial property disputes quickly and efficiently.

The team delivers technical excellence with commercial analysis that provides clients with clear advice and options. We assess all disputes at the outset to find the most appropriate solution and always consider the commercial, financial and reputational impact of any dispute.

The team works closely with our Commercial Property and specialist Planning and Construction teams.

We can help with a range of property disputes, including:

• The termination and renewal of business leases

• Dilapidations disputes

• Advice regarding break rights

• Easement and covenant issues

• Issues relating to landlord’s consents

• Telecommunications issues

• Agricultural disputes

• Obtaining vacant possession for development

• Forfeiture

• Possession claims

• Advice surrounding the Building Safety Act

• Rent and service charge disputes

• Advice in relation to residential property portfolio management

OUR CREDENTIALS

SOME EXAMPLES OF OUR COMMERCIAL PROPERTY DISPUTES WORK…

We have a vast amount of experience across the team. Some recent examples that give an idea of the level of work we regularly undertake are:

• Achieving a favourable settlement of a case brought by a high street lender pursuing a proprietary tracing claim against a freehold owner of an unregistered residential apartment.

• Conducting litigation to oppose a claim brought to set aside an expert’s decision assessing rent pursuant to a rent review clause.

• Dealing with relief from forfeiture applications of severely dilapidated premises whereby the premises were brought back to the standard expected by the covenants in the leases. Liaising with the expert surveyor to achieve a successful outcome for the freeholder.

OUR CREDENTIALS

SOME EXAMPLES OF OUR RESIDENTIAL PROPERTY DISPUTES

WORK…

• Application to the FTT to dispense with the requirements to consult under section 20 of the Landlord and Tenant Act 1985. Proactively using the application to obtain urgent dispensation in an instance where it was anticipated that a water pump-set was due for imminent catastrophic failure.

• Dealing with the capability of the assignment of the right to recover service charges to the collection of participating leaseholders of an enfranchised block of flats, pursuant to Section 141 of the Law of Property Act 1925.

• Dealing with the recovery of substantial service charges for a Registered Management Company involving a dispute with a leaseholder who owned 36 flats at the development. Tribunal application involved multiple heads of items challenged in the scott schedules.

• Successfully rectifying a mistake in a title in proceedings in the Land Registration Division.

• Using breach of lease proceedings on behalf of a freeholder in relation to a delinquent leaseholder’s tenant who had caused disturbance to the residents of the building. Proceedings caused the leaseholder to evict the troublesome tenant.