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The Contentious Property team deals with disputes (their avoidance and resolution) involving commercial and residential property, a specialist area which demands both relevant experience and an exhaustive knowledge of the relevant statutes and case law.

Although the work of the team often concerns disputes that result in property litigation, much time is spent in assisting clients to avoid disputes in the first place. Where disputes have come about, the team works very hard to resolve them as soon as possible.

It’s efforts for clients in this respect are well regarded, leading to the team being recommended in the Chambers 2007 legal directory as a leading group of real estate litigation lawyers.

We act for landlords and tenants of both commercial and residential property, including property companies and institutions and tenants' organisations. Our caseload is varied and includes disputes relating to land transactions, collection of rents, obligations under leases and issues concerning large residential leasehold blocks.

Examples of the types of dispute or potential dispute the team advises on are:

::	Repossession of commercial and residential property
::	Disputed enfranchisement and lease extension claims
::	Business tenancy disputes (about possession or terms of new lease)
::	Dilapidations claims
::	Rights of way, rights of light and other real estate disputes
::	Party wall disputes
::	Lease construction (liability for repairs, service charges etc.)
::	Mortgage (commercial and residential) arrears and repossession claims
::	Rent review disputes
::	Mortgage (commercial and residential) arrears and repossession claims
::	Eviction of squatters (including service licencees)
::	Adverse possession claims
::	Relief from forfeiture claims (including for Administrative Receivers)
::	Solicitors negligence (property related)
::	Appointment of managers (LTA 87)
::	Variation of leases (LTA 87)

Significant cases include Boots the Chemist Ltd v Pinkland Ltd (a business tenancy renewal and whether a new lease should contain an upwards/downwards rent review provision and other matters); Blacker v Wimbledon & Putney Commons Conservators (an enfranchisement dispute concerning the precedence of the Leasehold Reform Act 1967 over an earlier Private Act of Parliament); and, Iqbal and others v Thakrar (a dispute as to whether or not a landlord had unreasonably withheld consent to alterations); BBS Fashion Merchandising Ltd v Urban Regeneration Agency (English Partnerships) (concerning the effect of correspondence and discussions covered by the principle of “subject to contract”); and Oakfern Properties Ltd v Ruddy (concerning the entitlement of residential undertenants (there being a headlease demising more than a single dwelling) to take the benefit of the service charge and related legislation as against the freeholder).

Marianne Avery
Edward Cracknell
Paul Greatholder
Jason Hunter
Rakhee Kotecha


	The team is led by Jason Hunter and is based in the firm's Bedford Row office. Click on a name on the left to bring up a biography. > Department contact sheet Call the department: 020 7405 6566 E-mail our helpdesk The team works closely with other departments including: > Commercial Property > Residential Conveyancing > The Charity Team

Legal guides

Dispute Avoidance and Resolution in a Recession (posted December 2008)
With money being scarce at the moment for many, disputes present new issues for some. Jason Hunter looks at approaches to dispute avoidance and resolution in these recessionary times.
Full Article

Service Charge Consultation: Recent Developments in the Law (posted November 2008)
A landlord who wants to protect its right to recover service charges from tenants will frequently need to undertake a consultation procedure. Ed Cracknell looks at some of the pitfalls of consulting, and recent cases on what mistakes the courts will consider are fatal to a landlord's rights.
Full Article

Evicting a disabled person - LB Lewisham v Malcolm (posted July 2008)
The House of Lords gives important guidance on the application of disability discrimination legislation to landlord and tenant law.
Full Article

Frequently Asked Questions about Assured Shorthold Tenancies (posted March 2008)
Rakhee Kotecha considers questions frequently asked by private landlords about assured shorthold tenancies.
Full Article

When does a tenant become a tolerated trespasser?
(posted February 2008)
Tolerated trespassers used to be narrowly defined as public sector residential tenants who remained in occupation following an order for possession. A recent decision has expanded the definition to include private sector tenants as well. James Sandiford describes how the status of a tenant can become confused and summarises some proposals under consideration that might resolve the problem.
Full Article

Damage Limitation
(posted December 2007)
This is a recent article that appeared in the Estates Gazette 15/12/2007, written by Ian Dias and Jason Hunter. Schedules of condition provide an evidential record of the state of a property with the aim of preventing future disputes. Ian Dias and Jason Hunter consider their efficacy.
Full Article

Possession Claims and Disability – What does the Future Hold?
(posted October 2007)
In recent years, the Courts have increasingly had to consider the impact of the Disability Discrimination Act 1995 (‘the 1995 Act’) on landlord and tenant law. That consideration has led to a number of interesting decisions, in particular involving residential possession proceedings.
Full Article

Rights Of Light - The Price When Things Go Wrong
(posted July 2007)
With there being much discussion of RoLs at present, Jason Hunter writes about why they are deemed so important (ie valuable), and what one might do when confronted with one .
Full Article

Briefing Note - New rules relating to the demand of Service and Administration Charges
(posted July 2007)
From 1 October 2007, a summary of a residential tenant’s rights and obligations must accompany any demand for the payment of a service charge or administration charge.
Full Article

To access further property articles and guides click here to view the articles archive.

(The guides are viewed using Acrobat, if you do not have Acrobat, download it here free of charge.)

The Law Society
Property Litigation Association
Royal Institute of Chartered Surveyors
Alternative Dispute Resolution Group