What is a property dispute?
A property dispute is a conflict or disagreement over the ownership or entitlement to a property. This can include a wide range of property disputes:
Types of Commercial Property Disputes
Dilapidations
Dilapidations is a complex area of law and can result in a claim of tens or hundreds of thousands of pounds. It is therefore essential to remember three important things when entering into a commercial lease:-
- Seek advice from both lawyers and surveyors when taking a lease. You could agree a Schedule of Condition at the outset so that you are not obliged to put the property in any better condition than the property is in when you take the lease;
- Be aware of and comply with your obligations and liabilities under the lease in respect of repair and reinstatement; and
- Obtain proper advice from lawyers and surveyors in respect of pursuing, or receiving, any claim for dilapidations. Edwards Duthie Shamash are able to advise and assist on entering a lease, and the terminating and resulting dilapidations.
Forfeiture
We recognise that breaches of covenants in commercial leases can be problematic for landlords and such breaches need to be dealt with carefully. We are able to analyse the breach for you, whether that is in respect of rent arrears or some other breach, and we can advise you on the best remedial action. From instructing bailiffs to forfeiting the lease immediately, issuing Court proceedings, or commencing debt recovery action, we can assist you according to your needs.
Business tenancies and security of tenure
Seeking advice from the outset before entering in to a business lease is essential. Understand your rights in respect of security under the tenancy, and the methods of possession of the lease. Assess the commercial market and know your legal rights. Edwards Duthie Shamash can advise on your lease, and the terms of continuing your right to remain in your business premises post expiry of the lease.
- Leasehold extensions (Freeholder and Leaseholder)
- Tribunal proceedings
- Residential possession proceedings acting for the Landlord
Types of Residential Property Disputes
Cladding and Fire Risk
If you are a tenant and/or a member of a Residents Association you should be considering your position if the block where you live is covered by wooden cladding or other cladding susceptible to fire. You should be looking to see how your Landlord can be compelled to remedy this potentially serious problem that could be putting you at risk. Edwards Duthie Shamash can advise and assist on cladding concerns, and remedies available.
Japanese Knotweed
Landowners, sellers and buyers are understandably becoming increasingly concerned about the presence of Japanese knotweed. If you are a developer, you should check for any signs of knotweed at the site and on adjoining land. If you have a problem on your own land, then it is imperative that you are aware of the issues and your obligations to treat knotweed. Japanese knotweed is aggressive and can leave you in a tangle. Act with caution in order to minimise your risk and if in doubt, always seeks advice.
- Boundary Disputes
- Lease Extensions
As solicitors who deal in commercial property law and residential property law, we witness the problems property disputes can cause.
You’re entitled to a free call to discuss your property dispute.
Speak to Kavita about your concerns, free of charge.
Whether you’re a landlord or a tenant, we can help
You may be the landlord or tenant caught in a dilapidations matter. Whether you are during the term of your lease, or whether your lease has expired, we can assist with your claim. Whether you are the landlord or the tenant, will ensure that we handle your matter swiftly and most cost effectively and we shall advise you on the covenants in your lease in order to obtain the best outcome. We have reputable surveyors on hand and are able to form a good working relationship between the client and expert to produce the best possible outcome for you. We are also able to take a commercial and economically sensible approach to resolving your case.
The demand for new homes is becoming more and more of a priority and with available land for development in short supply, developers have for many years looked to maximise use of land by the building of flats rather than houses. Unlike houses, flats are always sold on a leasehold basis.
What does leasehold mean?
Essentially the difference is that when you buy a leasehold property, what you are buying is a wasting asset. Leases will be granted commonly for a period of 99 or 125 years only. In the first few years of the lease, the length of lease will have very little effect on value. However, if a lease has less than 90 years remaining, the leasehold value starts to reduce, and steadily it becomes less saleable. The cost of purchasing a lease extension becomes significant and continues to rise. If you own, or are purchasing or selling a flat, you should consider extending the lease. Delaying will only result in losses. Extending the lease is essential if you have a short term lease.
The Freeholder and Leaseholder can commence the lease extension process by serving a statutory notice.
It is important to know that as the lease gets shorter, the price to pay to extend your lease might rise. If you are selling, extending the term will increase the sale value. If purchasing, you may prefer the seller to extend the lease before purchase or assign to you the right to do so. If you already own a leasehold flat, do not delay in extending your lease.
If in doubt, seek advice but always remember that acting sooner rather than later on a lease extension will undoubtedly be to your benefit.
We recognise that lease extensions can be costly but essential for both the freeholder and leaseholder. We are able to work closely with our Commercial Conveyancing Department to determine how best to resolve your case, whether that is through negotiations or Tribunal proceedings, we will ensure that we have the right litigious skills on board together with conveyancing skills and the relevant expert from our team to work alongside you.
You may be a landlord seeking to evict your tenant. This could be due to a number of reasons including a breach of tenancy, rent arrears, or simply an end to the term of the tenancy. We are able to very quickly get to grips with your aims and commence the best route to obtain vacant possession for you.
It may be the case that you feel you are entitled to a share of a property due to your contributions or input and you require further advice in relation to that. We are here to assist you with the investigative procedure and can advise you on your best interests.
Why choose Edwards Duthie Shamash Property Disputes Team?
Our property disputes solicitors are able to work closely with our specialist property lawyers to understand and support your key objectives be it as an individual or business.
Our solicitors are able to get to grips with any dispute no matter how small or how large and adapt their services to you as the client. Our team will confidently deal with your case from incept to conclusion, working with you every step of the way.
Dispute Resolution Clients of Edwards Duthie Shamash said:
I would like to thank Kavita Rana for all the help and support she has given me in achieving a favourable outcome of my case. She was pivotal in guiding me through the minefield which is civil litigation when dealing with my property dispute case. Kavita was professional, understanding and provided excellent advice throughout.
Client of Kavita Rana
I wish to thank Kavita, truly, for your expertise and kindness shown to me through this whole process, not forgetting your generosity. You fought well against an unforgiving foe, and it was decided in the end. Forever grateful.
Client of Kavita Rana
Excellent. Kavita provided clear, effective advice to myself and five neighbours over an issue with the freeholder of our building. As a direct result of her guidance we obtained the delayed management accounts, resolved the issue over a sinking fund, and identified a way to work successfully with the building freeholder going forwards. The end result is a building that is now in excellent condition, with up to date accounts, and we have a good working relationship with the freeholder. Kavita’s approach of firm, clear communication, and knowing how and when to negotiate was perfect. Many thanks.
Andy West, Client of Kavita Rana
You’re entitled to a free call to discuss your property dispute.
Speak to Kavita about your concerns, free of charge.
Our property disputes solicitors are able to work closely with our specialist property lawyers to understand and support your key objectives be it as an individual or business.
