Property Litigation Solicitors

The most common disputes involve rent arrears, property maintenance issues, deposit returns, service charge disagreements, breaches of lease terms, and possession proceedings. Many disputes arise from misunderstandings or unclear communication about responsibilities outlined in the tenancy agreement. 

Prevention is always better than cure. Ensure all agreements are clearly documented, conduct thorough inventories with photographs at the start and end of tenancies, maintain open communication, respond promptly to maintenance issues, and understand your legal rights and obligations. Regular property inspections (with proper notice) can also help identify potential issues before they escalate. 

Before pursuing legal action, we recommend attempting to resolve the issue through direct communication. Document all correspondence and keep records of relevant evidence. If communication fails, our solicitors can advise on appropriate next steps, which may include formal letters, alternative dispute resolution, or Court proceedings if necessary. 

The appropriate response depends on the nature and severity of the breach. Options include serving formal notices, pursuing forfeiture proceedings, or claiming damages. We can help you evaluate the breach, understand your remedies, and take proportionate action that minimises financial impact while protecting your property rights. 

For assured shorthold tenancies, rent can typically only be increased if permitted by a rent review clause in the tenancy agreement or by mutual agreement. For commercial properties, rent reviews are usually governed by specific lease provisions. Any increase must follow proper procedures and notice periods. Improper rent increases can lead to disputes and potential legal challenges. 

You may be eligible for compensation from the deposit or additional damages for significant damage beyond normal wear and tear. Document all damage with photos and detailed descriptions. For major issues, we can assist with claims, negotiations, or legal action if needed. 

Eviction requires following specific legal procedures that vary depending on the tenancy type and grounds for possession. These typically involve serving the correct notice, applying to Court, and potentially arranging bailiff attendance. Failing to follow the correct process can result in unlawful eviction claims. Our solicitors ensure compliance with all procedural requirements. 

Landlords have legal obligations to maintain certain standards of property condition. If your landlord fails to meet these obligations, you may have remedies including repair and deduct, withholding rent (though this carries risks), or pursuing legal action. We can advise on your specific situation and help enforce your rights to a habitable property. 

Generally, landlords must provide reasonable notice (usually 24 hours) before entering the property except in genuine emergencies. Repeated unauthorised entry may constitute harassment. We can help address intrusive landlord behaviour while maintaining professional tenant-landlord relations. 

Tenants can challenge service charges that are unreasonable or not properly consulted upon. For residential leases, you may have rights to apply to the First-tier Tribunal (Property Chamber). Commercial tenants typically rely on contractual protections in their lease. We can review your charges, advise on their reasonableness, and help prepare formal challenges. 

First, check that the notice complies with legal requirements. Many eviction notices are invalid due to technical errors. Seek legal advice promptly to understand your options, which might include negotiating with your landlord, challenging the notice, or requesting more time to find alternative accommodation. Acting quickly is essential to protect your rights. 

Landlords must protect deposits in authorised schemes and can only make deductions for substantiated reasons such as damage beyond normal wear and tear, unpaid rent, or missing items. If you disagree with deductions, you can challenge them through the relevant deposit protection scheme’s dispute resolution service or seek legal advice. 

Forfeiture is a landlord’s right to terminate a lease early due to tenant breach, such as non-payment of rent or other covenant breaches. This is a powerful but complex remedy with strict procedural requirements. Whether you’re a landlord considering forfeiture or a tenant facing it, our solicitors can advise on the legal implications and potential alternatives. 

Dilapidations are breaches of lease covenants regarding the condition of the property, typically assessed at the end of a lease. Landlords may claim for repairs, redecoration, or reinstatement. These claims can be substantial and often require expert surveyor input. We can help negotiate fair settlements and challenge excessive claims. 

Break clauses allow early termination of a lease at specified points. Exercising a break clause typically requires strict compliance with notice periods and other conditions, including payment of all rent and, sometimes, vacant possession. Even minor failures to comply can invalidate the break notice. Our solicitors provide guidance on proper execution of break options. 

Commercial tenants may have rights to a new lease under the Landlord and Tenant Act 1954, unless the lease was contracted out. Landlords must follow specific procedures to oppose renewal. Both parties should start planning 12-18 months before expiry to ensure proper protection of their interests. We can guide you through this process and negotiate favourable terms. 

Timeframes vary significantly depending on the nature of the dispute, complexity of issues, and whether Court proceedings are necessary. Simple matters might be resolved in weeks through negotiation, while contested Court cases can take 6-18 months. We focus on efficient resolution strategies to minimise both time and cost. 

Legal costs vary based on the complexity and length of the case. We provide clear cost estimates at the outset and regular updates throughout the process. In some cases, costs can be recovered from the other party, though this is never guaranteed. We always consider the cost-benefit analysis of different approaches to dispute resolution. 

Mediation is a voluntary process where an independent mediator helps parties reach a mutually acceptable solution. It’s often faster and less expensive than court proceedings, with higher satisfaction rates. We frequently recommend mediation for property disputes as it allows for creative solutions while preserving relationships. 

Strong evidence is crucial in property disputes. This may include the tenancy agreement/lease, photographs, condition reports, correspondence between parties, witness statements, expert reports, and financial records. We help identify and organise relevant evidence to build the strongest possible case for your position.