Services

Property

Property Litigation

We advise and represent clients in relation to all issues, problems, disputes and claims arising out of their ownership or occupation of all types of property. We have an excellent record of achieving desired outcomes for our clients in a cost effective manner.

Our expert lawyers, who are all specialists, will be able to quickly grasp the issues that are relevant to their client’s case and give prompt and thorough advice at the outset. Thereafter they are able to represent clients skilfully in discussions and negotiations with the opponents with the aim of achieving the client’s desired outcome.

Most cases are resolved by out of court settlements in line with the client’s objectives. Those that are not are pursued with full force and vigour to trial at court.

As well as being experts in litigation, we also have extensive experience of alternative dispute resolution methods such as Mediation and Expert Determination. Overall we have an excellent record both in terms of achieving out of court settlements to the satisfaction of our clients and victory on their behalf at court.

We cover the full range of property disputes but the work broadly falls into the following categories:

Business Leases

We act on behalf of both landlords and tenants in connection with all issues and disputes arising out of the occupation of business premises. These include:

  • Statutory lease renewal upon termination of the contractual term of the lease,
  • Dilapidations/disrepair claims.
  • Breaches of covenant/obligations.
  • Rent claims and Commercial Rent Arrears Recovery (CRAR).
  • Lease termination issues and possession claims.
  • Service charge disputes.
  • Rent reviews.
  • Issues arising out of insolvency/administration of tenant or landlord.
  • Issues arising out of damage caused by flooding or other insured risks.
  • Cases concerning the status of the occupier including whether the occupier has statutory protection.

Land/Building disputes relating to commercial properties

We recognise the fact that disputes between owners of neighbouring properties relating to land and buildings can be a huge source of stress and inconvenience. In the case of business premises there is the additional risk of disruption to business. We therefore try to resolve such cases in a sensitive and tactful manner with the aim of taking the heat out of the situation and with a view to skilfully reaching a negotiated settlement in line with our client’s objectives.

Where, however, it is clear that our client’s opponent intends to act in an unreasonable way, we act forcefully and quickly in order to protect our client’s positon by issuing court proceedings. This may include seeking an emergency order from the court including an injunction prohibiting the opponent from taking certain steps or ordering him or her to take specific action.

We cover all types of cases including disputes relating to rights of way, rights to light, Party Wall Act disputes, damage to property, restrictive covenants, title and boundary issues and trespass claims including obtaining possession against squatters.

Disputes arising out of commercial property contracts

We have highly experienced commercial property lawyers who have specialist knowledge of all types of property contracts prevalent in the market. It is often the case that the resolution of a dispute hinges on the correct interpretation of certain key clauses in a contract. We pride ourselves on being able to give you a clear opinion quickly in accordance with the demands of the situation. We can then advise and represent you with a view to trying to resolve the dispute to your satisfaction.

In the absence of a settlement, we can represent you with skill and knowledge through the court process. We deal with all areas of property contract disputes including misrepresentation, non-disclosure, breaches of warranty, enforcement of option and overage clauses, specific performance of contractual obligations as well as of course damages for breach of contract.

Professional negligence claims arising out of property transactions

We have considerable experience in handling professional negligence claims on behalf of commercial clients arising out of property transactions or advice. If you feel that your retained professional failed to protect your interest in a transaction or gave incorrect advice and as a consequence you have suffered a financial loss, we can help you to obtain compensation. We handle claims against a wide range of property professionals including surveyors, architects, planning consultants, structural engineers, as well as solicitors. In appropriate cases the case can be funded under a conditional fee arrangement.

Residential possession claims on behalf of landlords

We act on behalf of landlords in recovering possession of their properties. It is important in such cases that potential risks and pitfalls to a successful claim are identified at the outset. We provide an initial review service followed by the preparation and service of the appropriate notice seeking possession and then take the matter all the way to obtaining a possession order from the court and enforcement of it by a bailiff if necessary. We have a near perfect record of obtaining possession on behalf of our clients.

We also have significant experience of advising and representing landlords in claims made against them by tenants arising out of alleged disrepair, unlawful eviction or other breaches of tenancy.

Get in touch

Get in touch to see how we can advise you today
property@chadlaw.co.uk
0800 015 0340

Get in touch