Disputes | Real Estate Disputes


With six specialist lawyers providing expert advice, we offer a highly experienced, partner-led, cost-effective service. We aim to resolve disputes quickly and pragmatically, to achieve the best outcome for all our clients.

 

We act for nationally and internationally recognised companies, as well as private individuals, in a wide range of disputes. We also assist other law firms and their clients, including conveyancing firms that do not provide this specialist service. A significant part of our practice also involves acting for international clients and investors. Some of our recent work has included:

  • advising a major pharmaceutical company on the contentious disposal of a hospital site; • advising an overseas Receiver on enforcement of assets in the UK following an International Freezing Order;

  • acting in a successful High Court claim following a joint venture agreement and being awarded over 90% of our costs;

  • acting for a bridging lender and LPA Receiver in the sale of a high -end residential real estate in Surrey and successfully resisting threats by the borrower to apply to court for injunctive relief to prevent the sale of the property;

  • acting on behalf of the Administrators of London Irish Rugby Football Club and advising on complex issues regarding security and priority of charges over the freehold training complex.

Areas of Specialism

Commercial Property

  • Rent Arrears

  • Service Charge Disputes

  • Forfeiture

  • Dilapidations

  • Landlord and Tenant Breaches of Covenant

  • Lease Renewal and Termination

  • Break Clauses

  • Rights to Light

  • Rights of Way

  • Development and Joint Venture Disputes

  • Construction Disputes

  • Planning

  • Tax

  • Insolvency

  • Professional Negligence


Residential Property

  • Tenant Eviction

  • Service Charge Disputes

  • Trespass

  • Boundary Disputes

  • Rights of Way

  • Co-Ownership Disputes

  • Failure to Complete

  • Tax

  • Insolvency

  • Professional Negligence


Alternative Dispute Resolution

  • Arbitration

  • Adjudication

  • Mediation


 

Rent Arrears

We assist our clients to recover commercial rent arrears quickly and efficiently, using a wide variety of strategies, including the Commercial Rent Arrears Recovery Procedure, recovery from subtenants, previous tenants and guarantors, statutory demands and forfeiture.


Forfeiture

Sometimes, the most effective remedy available to landlords is to terminate the lease and re-let the property as soon as possible. We advise both landlords and tenants on the procedure, including the most efficient way of obtaining possession, dealing with goods left at the premises and the next steps in terms of recovering any claim for rent arrears and damage to the property. We also advise tenants on relief from forfeiture and potential remedies against landlords.


Dilapidations

We regularly advise both landlords and tenants on commercial dilapidations claims and have access to an extensive panel of specialist surveyors. We advise on all aspects of dilapidations claims, including enforcing liability during the lease, terminal dilapidations claims and quantifying losses under Section 18 of the Landlord and Tenant Act 1927. We provide specialist bespoke advice to clients looking to re-let their properties including as to how any potential works will affect any dilapidations claims.


Lease Renewals and Termination

We provide bespoke advice on renewal and termination of leases including both hostile and nonhostile court proceedings under the Landlord and Tenant Act 1954.


Residential Possession Proceedings

We act in all areas of residential possession, including trespassers, residential tenancies and termination of leases. We regularly advise on Section 21 and Section 8 Notices, as well as the extensive technical requirements behind these. We provide a highly effective service to obtain possession as quickly and efficiently as possible.


Co-Ownership Disputes

We frequently advise on disputes over joint ownership of property, whether these are commercial joint ventures, unmarried couples or other trusts of land and provide highly effective technical expertise to obtain the best possible outcome.


Insolvency

We frequently advise Insolvency Practitioners in their capacity as office-holders whether it be a corporate or individual insolvency and provide expert advice on the implications of insolvency affecting freehold as well as leasehold interests. This includes advice on forfeiture, dilapidations claims, landlord claims in a company voluntary arrangement, disclaimer and drafting business sale agreements including the sale of freehold and leasehold property and licence agreements.


Alternative Dispute Resolution

At Laytons ETL we recognise the importance of using non-court methods for resolving disputes as they are quicker and less costly than litigation. Our team is trained and experienced at representing clients at mediations and arbitrations who understand the need to obtain a resolution which falls in line with the client’s objectives. Underlying our commitment to Alternative Dispute Resolution, the firm has three trained mediators and a practicing arbitrator

 

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