What is Property litigation?

What is Property litigation?

At MHHP Law, our expert team of solicitors are committed to addressing your property and lease concerns. Whether you are a landlord or tenant, we are prepared to investigate and resolve residential and commercial property disputes for our clients.

Get in touch to discover how we tailor the best solutions to the most challenging legal situations. Whether you are better off resolving property related claims through, mediation, negotiation or court proceedings, we are here to offer expert counsel every step of the way.

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Pertaining to property litigation, MHHP Law is instructed in a wide range of matters which include the following:

  1. Tenants who wish to extend their leases over commercial premises
  2. Landlords who wish to obtain vacant possession of residential premises
  3. Clients whose interest in a property may be disputed
  4. Clients who are in dispute with their neighbours

We appreciate that disputes over property can be stressful, time-consuming and involve complex legal issues. Here are a few areas (Residential and Commerical) in which we are ready to make life easier for you.

Legal Services Related to Residential Disputes

Common residential issues include:

  • Breach of Covenant (Terms) – when a tenant fails to comply with the terms of the lease
  • Harassment  – Our solicitors are here to represent clients who have suffered improper treatment (threats, distress or humiliation) at the hands of landlords or tenants.
  • Service charge disputes/recovery – We are able to represent landlords and tenants who are forced to take action regarding the costs incurred when providing services to a property.
  • Possession claims – We assist in reclaiming the property if an agreement has been breached.
  • Tenant Evictions – We help to establish and pursue legal grounds for the removal of a tenant from a property.
  • Deposit Protection/Recovery  – We help your recover withheld funds owed to tenants (especially in cases where tenants have met the terms of their tenancy agreement, preserved the condition of the property and paid rent/bills in a timely manner)

Legal Services Related to Commercial Disputes

Common commercial issues/scenarios include:

  • Dilapidation claims – when damage or disrepair is discovered by the landlord, commonly at the end of the lease
  • Breach of Covenant – We help resolve circumstances where tenants fail to comply with the stipulations of their leasing agreement.
  • Commercial rent arrears recovery (CRAR) – We are experts at helping you recover unpaid rent.
  • Forfeiture and recovery of possession – We assure reliable representation if you are forced to reclaim your property from a tenant.
  • Lease renewal disputes – We’ll guide you towards your desired legal resolution when it is time to agree on a new set of leasing terms with your tenant.
  • Disputes over rights of way, easements, trespass, nuisance and adverse possession
  • Rent review disputes
  • Boundary Disputes

Now that we’ve discussed how we are willing to help, your team of friendly solicitors at MHHP Law would like to discuss a few key aspects of the Landlord and Tenant relationship.

Now that we’ve discussed how we are willing to help, your team of friendly solicitors at MHHP Law would like to discuss a few key aspects of the Landlord and Tenant relationship.

  1. Section 11 Landlord and Tenant Act 1985

Section 11 of the Landlord and Tenant Act 1985 implies an absolute and non-excludable obligation upon landlords to carry out basic repairs. It is implied in all tenancy agreements unless:

a. The tenancy began before 24 October 1961
b. The tenancy is a fixed term of seven years or more
c. Section 11 is not implied into licence agreements.

The landlord cannot seek to avoid their obligations by using express contractual terms that either attempt to evade the liability[1] or pass them on to the tenant.[2] The obligations imposed cover both private and public landlords.

The landlord or her/his agent has the right to enter premises to inspect the condition and state of repair, but must give the tenant 24 hours’ written notice of her/his intention to do so

Source: England shelter
  1. What Is Property Litigation?

Property law is especially concerned with regulations which address the many forms of ownership and tenancy. It is a legal field which pertains to management of property related disputes.

  1. Who Can Benefit from the Solicitors at MHHP Law?

Property litigation involves practices relating to the selling, buying, leasing and ownership of property. Thus, we are able to lend our legal expertise when it comes to matters featuring transactions between home-buyers and financial institutions. We offer legal remedies for property claims which may arise as a result environmental issues.

Plus, when stakeholders are faced with planning and development concerns, our property solicitors can assist with your litigation process.

We can confidently assure expert legal care to those who are forced to make a legal decision involving a third party and a leasing agreement. Whether you are a retailer, developer, investor, leaseholder, property manager, educational institutions, and commercial or residential landlords or tenants, MHHP Law is here for you.

Contact MHHP Law for a chat and for more information.

Your initial half-hour consultation is only £60 plus VAT. Find the answers you have been looking for, today!