Property Disputes

Property is generally considered to be an asset, but there are also significant risks associated with owning and occupying properties. Whether an investor letting out an asset or an occupier such as a company occupying many properties the risks and liabilities associated with property can be significant. If not carefully managed this can lead to contentious issues which ultimately may have to be resolved before the courts.

Very often a property owner or occupiers faced with a property issue will consider that they need professional advice and support. Iin relation to rent review or dilapidations the first port of call may be a surveyor. Whilst other professionals are essential in managing and resolving such issues the key point to bear in mind is that many issues arising in relation to property are fundamentally contract law issues:

• Rent is a contractual payment – arrears are a breach of contract.
• If buying or selling a property, there is a contract.
• Letting a property is a by way of a contract.
• Rent review is a purely contractual mechanism designed by the contracting parties.
• “Dilapidations” is a claim for damages for breach of contract.

Similarly, statute law is important:

• Lease renewals of property occupied for business purposes may be governed by the Landlord and Tenant Act 1954
• Forfeiture of a lease may be subject to provisions of the Landlord and Tenant Act 1925
• Liability of Tenants may be subject to the provisions of the Landlord and Tenant (Covenants) Act 1995.
• Liability for damages in relation to “Dilapidations” may be limited by the Landlord and Tenant Act 1927.
• The ability to recover rent arrears direct from a sub-tenant is by virtue of the Law of Distress (Amendment) Act 1908.

The start point for property related issues should be to properly understand the correct legal position before taking any further action. Once that has been done then informed decisions can be taken as to the requirement for input by other professional expert witnesses such as mechanical and electrical engineers, asbestos specialists, building surveyors and valuers.

We specialise in the management of risks and the resolution of disputes arising in connection with the ownership and occupation of property. We work with clients to identify business risks and then to put in place strategies to mitigate them. Where disputes are unavoidable, we can initiate or defend proceedings before the full range of courts and tribunals. We will advise as to the various forms of Alternative Dispute Resolution, which may be appropriate in any given dispute.

Many firms of solicitors will claim to have property litigation specialists when in reality those lawyers may undertake other areas of work, such as commercial litigation. We specialise in property dispute resolution and risk management, undertaking only this type of work.

If you have a property problem, or think you may have in the future, and want to talk about possible solutions, then don’t wait. We would be pleased to have an initial discussion with you to explore how we may assist then please contact us.