Commercial Property Disputes
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 work with you
Whilst based in the South of England, Paris Smith acts for businesses and families throughout the UK. Technology has enabled us to provide a high level of service to our clients whether they are local to our offices or not. Our advice can be given in many ways:
- Over the telephone
- Via video conferencing
- In face to face meetings
We will talk through how you would like to be contacted and the best ways for us to meet in our early conversations with you.
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
“A referee says “Paris Smith demonstrated professionalism, patience, tenacity and, above all, a practical and commercial approach to get the matter completed.””
Chambers & Partners 2023 – Referee Comments
“One source states “I have always found this team to be excellent not only in their advice to their clients but also their balanced view of the case. They are always quick to respond to queries and show a high level of patience in difficult situations.” Another adds “Paris Smith have an excellent knowledge of law relating to a variety of different fields. They are generally highly efficient and their staff are reachable and helpful.” A client says “They are extremely professional and go out of their way to keep you informed of case progression on an ongoing basis, without having to chase. You can always rely on them to deliver a good result, particularly Lucy Taggart in commercial property issues”; whilst other sources state the team are “extremely experienced in dispute resolution in property rental matters. Expert understanding of the relevant aspects of the legal system”; that they have “robust knowledge and experience in real estate matters”. Individual team members are praised with “David Eminton – very experienced and competent. Nicola Davies – very capable, good on landlord and tenant matters”; “Nicola Davies: excellent in all respects”; and “Lucy Taggart always keeps us up to date. Gives very good advice – very active and knowledgeable. An excellent solicitor. Highly recommend.”
Legal 500 Directory – 2023 Edition
“Referees say ‘Nicola Davies did an excellent job of taking the time to understand our situation and position, laying out the options available to us and associated benefits and costs, guiding us through our decisions making process, providing detailed background on the case law surrounding our situation and providing additional clarity, and producing a high quality final product based on detailed research;’ ‘David is very competent and responsive, and an asset for Paris Smith and its clients;’ Other referees state ‘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;’ ‘David Eminton is a highly experienced but approachable individual. I would be confident that all bases are covered in the advice provided and the negotiations held on my behalf;’ and ‘Responsive and dedicated, no matter how tricky the task.’ ”
Legal 500 2022 Edition
Chambers and Partners Legal Directory – 2024
What the team is known for
Paris Smith has a property litigation team that represents clients across a range of sectors, including retail, leisure and tourism. The firm is particularly experienced in dealing with contentious landlord and tenant issues, such as dilapidations, lease disputes and break options. In addition, the team also has expertise in dealing with complex boundary and right of way disputes.
“The firm has excellent knowledge and gives sound advice. It provides a solid client service.”
“Paris Smith offers excellent advice covering several complex leases.”
“The lawyers at Paris Smith are professional and know what they’re doing.”
David Eminton is head of property litigation team at Paris Smith. He is particularly well regarded for his experience in issues such as dilapidations, developments, and landlord and tenant disputes.
“David is an excellent partner who is on the top of his game. He knows a great deal about property law.”
“David is very thorough when dealing with complex matters.”
“He takes the time to debate complex issues with me and then sets out clear advice on how next to proceed.”
“He’s very competent with sound commercial advice.”
Nicola Davies advises landlords and tenants on disputes affecting commercial and residential property including forfeiture and renewals, damages and adverse possession claims.
“Nicola is a very good solicitor. She is experienced, competent and efficient.”
“She’s a highly commended lawyer.”
Legal 500 Directory 2024
Headed by David Eminton, the Southampton-based property litigation practice at Paris Smith LLP is typically instructed by national retail companies, HNWIs, and charities to handle all aspects of contentious property matters. Nicola Davies is an expert on landlord and tenant disputes affecting commercial and residential property. Solicitor Lucy Taggart focuses on residential work for private individuals, while Lisa White deals with commercial lease renewals.
What clients say
‘Nicola Davies is a very competent litigator.’
‘Paris Smith have a very good reputation and knowing they were on our side, I felt we stood a good chance of a resolution and also it conveyed to the plaintiff we were serious. They have the resources to assist.’
‘David Eminton- with 20 plus years as a solicitor under his wings, his experience and legal knowledge showed as we met with the opposing solicitors. As the meeting progressed, I felt I had the better legal mind and came out the other end with a good resolution.’
‘Paris Smith handled the matter efficiently, closing it down quickly.’
‘I was impressed by Lucy Taggart taking time to really understand the problem.’
‘This is a stand-out property litigation team in the area offering strength in depth from top to bottom.’
‘David Eminton and Nicola Davies in particular are consummate professionals, yet easy to deal with. They have a deep understanding of the law and the property litigation process and at the same time a very down to earth manner.’
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