Dispute Resolution & Litigation Solicitors
Our litigation department provides high quality advice to our clients on resolving matters through alternative dispute resolution as well as through the court procedure. We offer a commercial approach advising constructively on ways to avoid future disputes and litigation.
We specialise in Property and Landlord and Tenant litigation and act for landlords, tenants and lenders in property disputes. These disputes often include non payment of rent and services charges, forfeiture of leases, repossession of premises, disputes about the level of service charges and failure by a party to comply with their obligations under a lease. We are regularly instructed in relation to urgent injunction applications, often relating to unauthorised alterations to a property. We frequently appear on behalf of our landlord and tenant clients in the Leasehold Valuation Tribunals, County Courts and appeal courts.
In addition to Property and Landlord and Tenant litigation we are also specialists in advising clients on commercial disputes acting for companies, individuals and lenders. These disputes are often contractual in their nature, involving arguments about terms and conditions and breaches of contract. We also advise clients on building and construction disputes, professional negligence and banking recoveries including freezing orders. We regularly have cases in the County Courts, High Courts and Appeal Courts. Our clients are very wide ranging including banks, private and public companies, landlords, tenants, professional service firms, small and medium sized businesses as well as private individuals.
See our Recent Successful Cases:
Our client’s success in the Court of Appeal
Reasonableness of Service Charges and S.20 Consultation
We acted for a small residential landlord with a history of tenants who did not pay their service charges. The landlord needed to carry out substantial repairs to the building. We assisted the client with the S.20 consultation procedure, advice throughout the works and the application to the LVT for a declaration of reasonableness of the works as well as the historic service charge arrears.
There were two main challenges from the tenants. The first was that part of the substantial works, which included repairs to the roof, were not carried out to a reasonable standard. This required the use of expert evidence from both parties. The second main challenge was that the landlord had failed to comply with the consultation requirements.
After a four day hearing the LVT found in favour of our client, the landlord as to the reasonableness of the roof woks, although a small reduction was made due to variations with materials used. The LVT found that the landlord had, save for one technical breach, complied with the consultation requirements. As no prejudice had been caused to the tenants the LVT therefore dispensed with the consultation requirements.
Declaration of Breach of Lease
We acted in proceedings before the LVT for the landlord of a large, mainly residential development. The landlord is a company owned by a large number of tenants in the development. It came to the landlord’s attention that a particular tenant had, in breach of the terms of the lease subdivided a flat. Before the landlord could take action in this regard it had to apply to the LVT for a declaration that the tenant was in breach of the lease in sub-dividing the flats. There was evidence available to the LVT that there was the existence of two tenancy agreements for the flat, council tax records and planning permission confirming the subdivision. As a result of the evidence the LVT made a determination that the tenant had breached the lease.
Areas of Expertise
Commercial Litigation is one of our primary areas for dispute resolution. Our services include:
- commercial contracts
- company law / shareholder disputes
- guarantee claims
- insolvency / personal bankruptcy
- banking recovery
- injunctions
- probate disputes
- employment disputes
Property Litigation services include:
- landlord and tenant
- mortgage possession
- residential and commercial possesion claims
- leasehold enfranchisement and Right to Manage
- boundary disputes