Commercial Property Disputes

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Any commercial property dispute has implications for your business, so it’s important that you seek advice at the earliest possible opportunity. Our team of highly experienced property litigators has successfully acted for owners, developers, investors, management companies and end users of all sizes across the UK. We take a pragmatic approach to resolving property disputes, to minimise costs and disruption to your business. If court proceedings are necessary, we have the experience, skill and tenacity to obtain the successful outcome you need.

Key Property Disputes Services

  • Land Registry rectification claims and the adjudication of other land registration issues
  • Option and overage disputes
  • Restrictive covenant issues
  • Rights of way/light and other easement disputes
  • Adverse possession claims
  • Business lease renewals
  • Telecommunications code advice and disputes
  • Notice to terminate leases or agreements to surrender early
  • Break notices
  • Injunctive proceedings
  • Repair and dilapidations claims
  • Possession, forfeiture and applications for relief
  • Removal of trespassers and squatters
  • Service charge disputes
  • Claims for rent arrears
  • Party wall, trespass and boundary disputes
  • Leasehold enfranchisement

Property disputes work examples:

  • Management of large nationwide retail & industrial portfolios for property investors/ asset managers from service of notices to contested lease renewal litigation under the Landlord & Tenant 1954 Act.
  • Working with a private owner to ensure vacant possession is given to various commercial units so that they are ready for development.
  • Advising blue chip/publicly listed tenant end users on all aspects of disputes that may arise with landlords/freeholders, from repair issues to contested applications to under let, assign or rent review arbitrations.
  • Representing a landlord of large multi storey commercial office premises in Crawley with regard to implementing a change of service charge regime to the premises and dealing with the occupational tenant’s ensuing disputes.
  • Advising leading car sales showroom owners on redevelopment plans that were enmeshed with having to bring various leases premises that had the benefit of the L&TA 1954 to an end to obtain vacant possession.
  • Providing advice to landlord client of commercial public house premises on tenant’s inability to pay rents, what options were open in the pre & post Covid-19 arena to recoup the losses which ended in eventual surrender settlement with administrators of tenant company.
  • Representing landowners, communities and individuals at public inquiries relating to village greens and upgrading of public rights of way.
  • Serving schedule of dilapidations for large commercial client landowner in Southampton and assisting building surveyors in the resulting negotiations and diminution in value arguments raised concluding in settling the proceedings by court order.

How we’ve helped our clients

“Paris Smith’s Property Litigation team consistently provided an appropriate balance of detailed advice and considered pragmatism in relation to my cases. The advice given was always well-thought out, clearly communicated and delivered in an extremely timely manner and was very much appreciated.”

Wayne McNally, Estates Manager – South Oxfordshire & Vale of White Horse District Council

Legal 500 Directory 2021

Paris Smith has developed a reputation in commercial and residential conveyancing, acting for clients across multiple sectors including investors, developers, business tenants and residential landlords. The team also has significant experience in representing developer clients in property contract disputes. David Eminton leads the practice and has increasingly been involved in high-value dilapidation claims, while Cliff Morris has particular expertise in boundary and right of way disputes and housing repossession claims. Clients say the team are “quick to respond, professional, have a good depth of knowledge“. Another states “the firms level of expertise is unique compared to other law firms, as there is always someone who can assist with any legal issue. Staff are also aware of their colleagues level of expertise and are able to refer matters to the correct person if they do not have a particular type of legal knowledge“, and another say they are a “high-quality technical disputes team, but local to its area. Mixes solidity of legal practitioners, good atmosphere, fine juniors and trainees and excellent contacts in the industry. The backroom is very good. Effective admin. Everything you need without going to London”

Introducing your key contacts

David Eminton
Partner – Head of Dispute Resolution

Contact

Nicola Davies
Associate – Property Litigation

Contact

KEY CONTACTS
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