Property disputes

Chambers Guide to the Legal Profession ranks the firm's Property disputes team as in the top tier. The team spend 100% of their time dealing with contentious property issues and works closely with the Property and Construction teams.

Our Property disputes team is solution led and has an excellent understanding of alternative dispute resolution techniques including mediation, arbitration, adjudication and expert determination. Clients
include property developers, national house builders, local authorities and owner managed businesses.

The team’s work regularly includes:

  • Advising on the enforceability of restrictive covenants including pursuing and defending claims and negotiating settlements and releases
  • Disputes involving rights of way, rights of light, adverse possession and boundary issues
  • Disputes relating to all aspects of the development of land
  • Advising on all aspects of dilapidations for commercial landlords and tenants
  • Advising corporate clients with extensive property portfolios on strategy planning, in particular where they have become landlords of premier office space due to the acquisition of competitor companies
  • Rent reviews – dealing with all aspects including scrutinising rent review notices as well as arbitration
  • Advising in relation to leasehold enfranchisement
  • Notices of repair – the team has extensive experience of advising both landlords and tenants regarding interim and end of term repair claims working closely with facilities managers and internal or external surveyors to minimise the cost of the repair
  • Break notices - exercising breaks on behalf of clients and advising on the validity of break notices for landlords
  • Residual lease liabilities on the occasion of company liquidation – the team regularly advises landlords and insolvency practitioners on all aspects of the impact of tenant insolvency including the remedies available to landlords in the different insolvency regimes. The advice encompasses advising on the best strategy to be adopted in order to maximise the landlord’s return.
  • Eviction of trespassers – the team is regularly involved in obtaining possession of commercial and residential properties from squatters, trespassers and defaulting tenants
  • Disputes over service charges in commercial and residential leasehold property.

related news

Adverse possession of access ways- issues for developers and landowners

A recent decision of the High Court (Amirtharaja v White, February 2021)) concerned a dispute over ownership of a passageway running between two commercial buildings which were intended for development.  The passageway led to the rear of a residential property and the owners of that property had successfully obtained an Order for rectification of the Land Registry title to show themselves as owner of the passageway in place of the owner of the adjacent commercial buildings.  

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Waiving the right to forfeit

Once a landlord with knowledge of a breach of the lease has acted in a way which is consistent only with the continuing existence of the lease, he is considered to have made an irrevocable choice not to terminate the lease. In this situation he will have ‘waived’ his right to forfeit the lease.

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A lifeline for tenants or further blow for landlords? It all depends which side of the coin you are on!

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the "Regulations"), which were passed in November 2020, will come into force on 4 May 2021.

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future events

Virtual Training Course: Right to Work Checks – Your Guide to the new rules

23/06/2021 - Whether it’s the phasing out of the Covid adjustments or the end of the EU grace period, the next couple of months bring significant changes to the way employers conduct right to work checks.

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Webinar – Collective Consultation: What, When and How?

24/06/2021 - Join Andrew Whiteaker, Partner and Emma O’Connor, Head of HR Training for our next webinar which focuses on the issue of collective consultation.

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Handling the early stages of a dispute – key considerations for in-house lawyers

29/06/2021 - James Quinn and BCL Legal host this online webinar. The session will focus on some key points to remember in relation to handling the early stages of a dispute

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award winning law firm

Boyes Turner are proud to have received the following awards and recognition.

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