Property disputes
Disputes concerning properties, whether they are of a commercial or domestic nature, demand a strategic approach. Our property litigation team possesses extensive experience in handling matters for both the commercial and private sectors. Our primary objective is to promptly evaluate the risks and benefits associated with any potential dispute, ensuring our clients are fully informed before deciding to pursue legal action. Here is a summary of the types of claims for which we are typically engaged.
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Breach of Covenant
Covenants are obligations often in writing and contained in a deed, for example a lease or transfer deed, which is signed by the parties and regulate how a property is to be used and enjoyed. Covenants are frequently the source of disputes between landlords and tenants.
Examples of tenant breaches of covenant include:
- Non-payment of rent or service charge
- Failure to insure
- Failure to keep premises in repair
- Altering premises without consent
- Unauthorised assignments or sub-lets
- Unauthorised use of premises
Examples of landlord breaches of covenant include:
- Breach of quiet enjoyment
- Failure to provide service charge services
- Unreasonably withholding or delaying consent for assignments, sub-lets or alterations
- Failure to enforce covenants against other tenants
Arlingsworth’s property litigation lawyers can help you to obtain the most appropriate remedy for your situation. This may include:
- Forfeiture of the lease (if you are landlord)
- Issuing court proceedings for damages
- Obtaining an injunction or an order for specific performance
Where there is a dispute as to whether a breach of covenant has occurred, we can make an application on your behalf to the Leasehold Property Tribunal (formerly known as the Leasehold Valuation Tribunal) for an independent determination.
Rights of Way/Access Disputes
Disputes over land rights, whether for individuals or businesses, can be all-encompassing and demand constant attention. We strive to quickly comprehend and address these issues, devising a strategy for a cost-effective resolution. We also advocate for alternative dispute resolution methods, including mediation, when appropriate, to empower clients with a solution outside the courtroom.
Dilapidation Claims
Dilapidation claims pose potential litigation challenges, and we collaborate closely with our clients to encourage a cost-effective approach. Utilising appropriate experts and considering alternative dispute resolution methods, where applicable, are integral parts of our strategy to achieve efficient and economical resolutions.
Party Wall Act Disputes
Disputes under the Party Wall Act often require urgent, intense, and decisive action. We collaborate with other professionals such as chartered surveyors to provide clear and definitive advice on your position in any party wall dispute, offering a clear roadmap forward to resolve the issue in the most expeditious way possible.
Disputes between couples
Disputes around the legal and beneficial ownership of property between married and unmarried couples are handled by our family law department.
Property disputes arise when there is a disagreement over ownership, boundaries, tenancy agreements, property damage, or land use rights. These disputes can occur between landlords and tenants, neighbours, developers, or co-owners of a property. Resolving such conflicts often requires legal intervention, particularly when contracts, deeds, or land registry records are involved.
Many property disputes can be resolved through negotiation, mediation, or arbitration. Alternative dispute resolution (ADR) methods allow both parties to reach a fair settlement without the expense and time involved in court proceedings. If these approaches fail, litigation may be necessary to enforce legal rights.
Property disputes commonly arise due to boundary disagreements, landlord-tenant conflicts, leasehold disputes, easement and right-of-way issues, nuisance claims, and disputes over property development. In commercial property, disputes often involve service charge disagreements, lease renewal conflicts, or breach of contract claims.
Tenants have legal protections under the Landlord and Tenant Act 1985, ensuring that landlords maintain the property in a habitable condition and adhere to fair tenancy agreements. If a landlord breaches their obligations, tenants may seek legal remedies, including compensation or an injunction to force repairs or uphold contract terms.
Yes, boundary disputes are common and can arise from unclear property lines, fence placements, or encroachments. To resolve a boundary issue, you can check your title deeds, land registry records, or instruct a property surveyor. If an agreement cannot be reached amicably, legal action may be necessary to clarify ownership rights.
Arlingsworth Solicitors will guide you through every stage of a property dispute, ensuring that your legal rights are fully protected. Whether you are dealing with a commercial property conflict, a landlord-tenant disagreement, or a residential boundary issue, our experienced property litigation team will work towards a swift and effective resolution.
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