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        Real Estate Litigation

        Property disputes, whether commercial or residential, can be costly and time consuming. With one of the largest teams throughout England and Scotland, we're committed to helping you find the right solution, with proactive and practical advice.

        We provide advice on all property issues including commercial and residential lease disputes (dilapidations, service charge disputes, rent reviews, rent arrears, 1954 Act), restrictive covenants, rights of way, rights to light, boundary disputes, trespass, nuisance, possession claims, injunctions, insolvency related disputes and professional negligence. Our residential practice also covers forfeiture, shared ownership lease advice, enfranchisement, S20 consultation, right to manage and student lettings.

        "They are technically very strong and have an excellent commercial orientated practice"
        – Legal 500

        We deal with cases in the Courts and Tribunals at all levels as well as using arbitration and mediation. We pride ourselves on understanding your business needs so that we can provide innovative solutions in an energetic, decisive manner. Our property litigation specialists are recognised nationally and in the legal directories for their expertise, knowledge, commercial awareness and approachability. With a large national team we ensure that your work is dealt with at the right level for the right price.

        Our clients include:

        • EE Ltd
        • Greene King
        • Whitbread (including Premier Inn and Costa)
        • Adidas
        • WHSmith
        • O2
        • Speedy Hire Group
        • Grainger Plc
        • Arcadia Group
        • Scottish Power
        • UK Asset Resolution
        • Steinhoff UK Retail
        • Booker Group
        • Starbucks Coffee
        • Banco Santander Totta SA
        • Magnet
        • The Nobia Group
        • Custodian REIT
        • The Caddick Group
        • Q Park
        • Babcock Land Ltd
        • The Moorfield Group
        • Lambeth Smith Hampton
        • Countrywide Plc
        • Hansteen Holdings
        • Opus Land (North) Ltd
        • Moda Living
        •  Local authorities ( including Cornwall Council, Warrington Borough Council, Lancashire County Council, South Staffordshire Plc, Westminster City Council and The Housing and Community Agency)

         

        Our commercial property training courses are essential for investors, surveyors, local authorities, landlords, landowners, retail occupiers and property managers and provide a clear and comprehensive overview of key areas of law, whether for general estate management or with a view to avoiding or dealing with property disputes. 

        Our commercial property specialists can provide expert training sessions on a range of issues tailored to your specific needs. Take a look at the courses we have available and feel free to contact us to discuss your requirements in more detail.

        We can offer practical guidance on the following topics:

        • Boundary disputes: From initial analysis to settlement
        • Breaking bad: Legal and practical tips for dealing with notoriously difficult break options
        • Dilapidations for surveyors: When do you need a lawyer?
        • Landlords' remedies: From old favourite forfeiture to modern CRAR
        • Party Walls: An introduction
        • Property issues for retailers
        • Protecting your estate: A whistle-stop tour of risks for owners of large estates
        • Restrictive covenants: Are you restricted?
        • Security of tenure : All the fun of the Landlord & Tenant Act 1954
        • Tenant insolvency for landlords

        For more detail about each course please see below.  If you would like to arrange a training session or discuss your specific requirements in more detail please get in touch >>

        Boundary disputes: From initial analysis to settlement

        An essential overview of the process of establishing precise locations of boundaries for property investors, owners of large portfolios, local authorities, and surveyors/property managers. This session also delves into the difficulties that can arise and offers best practice advice in how to avoid them.  The overlap with the law of adverse possession is also explored.

        Breaking bad: Legal and practical tips for dealing with notoriously difficult break options

        This session for landlords, tenants and surveyors provides an analysis of recent cases, highlighting the pitfalls to avoid and tactics to adopt when dealing with break options.  A hot topic after some high profile appeal court decisions in recent years.

        Dilapidations for surveyors: When do you need a lawyer?

        This session is specifically tailored for surveyors and property managers and provides a comprehensive overview of dilapidations disputes including what a lawyer can bring to the table and the tactical use of Part 36.

        Landlords' remedies: From old favourite forfeiture to modern CRAR

        A tour of the various remedies available to landlords for non-payment of rent as well as breaches of other covenants, including the new remedy of Commercial Rent Arrears Recovery which has replaced Distress.

        Party walls: An introduction

        For property managers, surveyors and developers, an introduction to the workings of the Party Wall etc Act 1996 and consideration of when you could need legal advice.

        Property issues for retailers

        This session looks at a range of property issues relevant to retail occupiers, including break options, competition law, guaranteeing assignments and relevant case law on 1954 Act issues.

        Protecting your estate: A whistle-stop tour of risks for owners of large estates

        We cover a range of issues including the importance of voluntary first registration for unregistered land and minimising the risk of losing land to adverse possession or inadvertently allowing third party rights (such as easements) to become established.

        Restrictive covenants: Are you restricted?

        This session explains how to identify (a) whether a covenant is positive or restrictive and (b) whether it is binding.  It also discusses the concepts of assignment and annexation and considers how restrictive covenants can be discharged by application to the Lands Tribunal.

        Security of tenure – all the fun of the Landlord & Tenant Act 1954

        A detailed overview of the security of tenure regime, considering amongst other things lease / licence distinction, contracting out of the 1954 Act, opposing the grant of a renewal lease, interim rent, timing and tactics.

        Tenant insolvency for landlords

        An overview of the impact of insolvency on a tenant’s obligations, with practical examples considering liquidation and administration.

        Find out more about our training

        If you would like to arrange a training session or discuss your specific requirements please get in touch.

        Our Scottish property law training courses are essential for commercial landlords and surveyors and provide a clear and comprehensive overview of the key areas of law. 

        Our Scottish property specialists can provide expert training sessions on a range of issues tailored to your specific needs. Take a look at the courses we have available and feel free to contact us to discuss your requirements in more detail.

        We can offer practical guidance on the following topics:

        • Arbitration (Scotland) Act 2010 – What have we learned?
        • Dealing with difficult tenants
        • Effective arbitration
        • Property litigation case law summary
        • Tenant insolvency
        • When service charges go wrong

        For more detail about each course please see below.  If you would like to arrange a training session or discuss your specific requirements in more detail please get in touch »

        Arbitration (Scotland) Act 2010 – What have we learned?

        In this session we provide an overview of the Arbitration (Scotland) Act 2010, review some recent cases and examine landlord and tenant issues such as rent review.

        Dealing with difficult tenants

        This session is full of practical hints and tips focusing on recovery of rent and service charges from defaulting tenants and termination of leases.

        Effective arbitration

        This two hour session seeks to explore four important areas in arbitration, an increasingly popular means of dispute resolution in Scotland: (1) determining the expenses of the arbitration; (2) is the agent appearing as an expert or as an advocate (or both); (3) an arbitrator is not an expert determiner and (4) document recovery.

        Property litigation case law summary

        This two hour session focuses on the most significant cases that every surveyor needs to know. Topics will include dilapidations, rent review, assignations and sublettings.

        Tenant insolvency

        This one hour session provides practical hints and tips on issues including landlord’s hypothec and payment of rent as an expenses of administration.

        When service charges go wrong

        This one hour session provides advice on service charges, recoverability of certain items and sweeper clauses.

        Find out more about our training

        If you would like to arrange a training session or discuss your specific requirements please get in touch.

        Stephen Green

        • Partner // Head of Real Estate Litigation

        Alan Walker

        • Partner // Head of Real Estate Litigation (North West)

        Euan McSherry

        • Partner // Head of Litigation (Scotland)

        Joanne Hadley

        • Senior Associate

        John Weeks

        • Senior Associate

        Kenneth Campbell

        • Senior Associate