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 2022

Paris Smith LLP has a longstanding focus on the retail, food, leisure and tourism sectors. Its team has extensive expertise in commercial landlord and tenant work, such as cases involving rent/service charge arrears, dilapidations and break options. In addition, residential real estate litigation is another driver of activity. Practice head David Eminton is recommended for advice on option and other property contract disputes associated with residential housing and commercial developments. Cliff Morris has a specialism in boundary and right of way disputes. Nicola Davies and Lucy Taggart are also recommended.

Sources say:

  • “The team has a diverse range of skills and are able to provide for a range of legal needs under one roof”
  • “The team at Paris Smith are always highly efficient and provide a prompt response to any requests that I have for legal support and advice. The advice given is not only timely, but provides an appropriate balance of detail and succinctness and always includes pragmatic recommendations”
  • “The litigation team has always provided commercial well considered advice. They keep a cool head in a pressured situation. They will act within very tight timescales if required and ensure that risk is minimised to the client”
  • “Responsive and dedicated, no matter how tricky the task”

Introducing your key contacts

David Eminton
Partner – Head of Dispute Resolution

Contact

Nicola Davies
Associate – Property Litigation

Contact

KEY CONTACTS
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