Property Disputes

 

This department exclusively handles litigation matters relating to land or property. We act for landlords bringing claims against tenants and tenants claiming against landlords. As with our general litigation department we are experienced in bringing or defending cases brought before the Land or Leasehold Valuation Tribunals up to the House of Lords.

When acting for a landlords, whether commercial or an individual, we liaise closely with the managing agents.

Our Property Litigation Department has experience across all of the fields below:

• Residential and Commercial Possession Proceedings including considerable experience in working direct with Managing Agents
• Service Charge Recovery
• Succession and Abandonment Claims
• Disrepair Claims and Counterclaims
• Dilapidations Claims
• Commercial Lease Renewals under Landlord and Tenant Act 1954
• Leasehold Enfranchisement and Lease Extensions
• Boundary, Right of Way and Encroachment Disputes
• Claims relating to Water Infrastructure Charges
• “Tree Roots” Cases
• Housing Act 1985 and Environmental Protection Act 1990 Appeals against Landlord’s Repair Notices

Reported cases include:

• St Ermins v. Patel (Landlord and Tenant Act 1954 Part 1) (Ct of Appl)
• Gunby v. LB Camden (Surveyors as “owners” under Environmental Protection Notices) (Divisional Court)
• R v. LB Hackney ex parte Structadene (Sale by Council at less than full value) (Administrative Court).
• Bankway v. Dunsford (Assured Tenancies and Rent Increases) (Ct of Appl).
• St. Ermins v. Tingay (Lease Extension: Signature by Attorney) (High Court on Appeal)
• Long Acre v. Karet (Right of First Refusal – Definition of Building) (Chancery Division)

Contact

London Office Tony Kent Tel: 00 44 (0) 20 7240 0521 Fax: 00 44 (0) 20 7240 9457 Email: tony.kent@mackrell.com

Surrey Offices John Dudley Tel: 00 44 (0) 1483 755609 Fax: 00 44 (0) 1483 755818 Email: john.dudley@mtg.uk.net