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.
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