Property Disputes

Property Disputes

Disputes over property whether it be commercial or domestic require an experienced cost effective approach. The property litigation team has extensive experience and understanding for the commercial and private sectors. Our aim is to immediately assess the risks and benefits of any potential dispute in order that our clients can be fully aware of those risks and benefits before pursuing a dispute. Below is a summary of the types of claims we are typically instructed upon.

Possessions and breach of covenants

Non payment of rent, any breach of terms of a lease or tenancy agreement and steps required in considering and starting possession claims all require assessment and “front loading”. In other words, we need to be clear what your needs are as a client and to have all the information available so that we can take correct procedures to deal with any obstacles that we may have to address.

This approach covers both the commercial property disputes and domestic property issues where early assessment remedies to protect you as a tenant or as a landlord need to be considered. The Landlord & Tenant Act 1954 imposes time limits on procedures and strategies which need to be followed in opposed and unopposed requests for a new or business tenancy.

Rights of Way/access Disputes

As an individual or business, disputes of any rights over land can be all consuming and can be a 24/7 problem. We aim to look at those problems and to understand them quickly and to provide a strategy to seek a cost effective resolution.

We are also strong advocates in alternative dispute resolution, including mediation where appropriate, which can put the solution to the problem in the client’s hands as opposed to the court.

Dilapidation Claims

Dilapidation Claims are potential litigation minefields. We aim to work closely with our clients, always encouraging a cost effective approach, in conjunction with the use of appropriate experts to assist in the case, as well as considering alternative dispute resolution (where appropriate) as a way of seeking to achieve a cost effective solution.

Party Wall Act Disputes

These disputes usually require urgent, intense and decisive action. We work with other professionals to provide clear and definitive advice on your position with regard to any party wall dispute or infringement and a way forward to resolve your problem.

Leasehold Enfranchisement proceedings

As a leaseholder or landlord, a close eye always has to be kept on this procedure in relation to both the time limits and accuracy of the information to be provided. Failure to do so results in serious delays and catastrophic results.

As a team, we use our collective experience to provide a service in respect of enfranchisement applications, including collective enfranchisement, so as to provide a service all the way to the preparation of a new lease or leases.

“The dispute resolution team advises large SME businesses and professional service firms, particularly accountants, on a range of commercial litigation”.

“Louise Mackay and Katie McClean are key lawyers”

“From my dealings with the firm, as counsel instructed by them, I would describe them as friendly, helpful, relaxed, informal, sensible and practical to deal with. I suspect they are a very sound firm, when compared with some of the flashier but potentially less diligent and less attentive regional firms that you can find in the Surrey, Kent and Sussex corridor down from London”.

“As counsel I’ve really appreciated having a solicitor who I can work with and discuss things with and get real input from”.

Industry peers praise Rix & Kay in the latest edition of Legal 500