Property Litigation Property Litigation
At Protopapas LLP, we specialise in Real Estate law including property litigation, issues and disputes. We deal with both residential and commercial property issues and disputes, dealing with both freehold and leasehold properties mostly in and around the London area.
We have particular expertise in dealing with complex central London leasehold disputes between landlords and tenants. This includes disputes relating to routine commercial and residential landlord and tenant matters and issues which may arise from time to time.
In addition, we deal with other and more specialised property litigation issues including relating to: hotels, hospitality and leisure; mixed use property; shopping centres; development and construction issues; properties providing serviced accommodation and short let accommodation; commercial lease disputes and breaches of lease; unlawful subletting for profit; disputes involving neighbours and adjacent properties; complicated evictions; unopposed and opposed commercial lease renewals; leasehold enfranchisement issues and applications to the First Tier Tribunal (Property Chamber) for premium determinations; and more as outlined below.
Whether routine possession proceedings or complex and detailed property litigation, we treat all matters promptly and commercially with professionalism, precision and a personal touch. Our main goal is to always try and resolve any issue put before us without the need for the involvement of the Court as this could end up being very costly and time consuming for the client. However, if Court action needs to be taken or defended, we will ensure that our client’s case is prepared and put forward properly and argued as strongly as possible in an effort to achieve our client’s desired outcome.
Our team is experienced, knowledgeable, proactive and provides advice in a clear concise manner which is easy to digest. Certain fee earners are also members of the Property Litigation Association. Below we provide a non-exhaustive list of types of property litigation matters which we deal with.
- Property Litigation Services List
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- Landlord and Tenant Act 1954
- Leasehold Property (Repairs) Act 1938
- Housing Acts
- Landlord and Tenant Disputes
- Section 8 and Section 21 Notices to Terminate an Assured Shorthold Tenancy
- Possession Proceedings
- Accelerated Possession Proceedings
- Forfeiture and Evictions
- Enforcement
- Relief From Forfeiture
- Problems with Tenants
- Problems Relating to Deposit Protection
- Damages and Disrepair to Property
- Dilapidations
- Disputes With Estate Agents and Commission Claims
- Rent Arrears
- Breaches of Tenancies and Leases
- Section 146 Notices and Court Proceedings
- Breach of Covenants
- Section 25 and Section 26 Notices
- Commercial Lease Renewals and Court Proceedings
- Party Wall Disputes
- Boundary Disputes and Adverse Possession
- Building / Construction Disputes
- Problems With Neighbours
- Trespass
- Section 13 Notices and Collective Enfranchisement
- Section 42 Notices and Residential Lease Extensions
- Section 5 Notices and Rights of First Refusal
- Injunctions
- Rights of Light and Easements
- Service Charge Disputes and Issues
- Valuation Disputes and Valuers Negligence
- Property Related Negligence
- Unauthorised and Illegal Subletting
- Beneficial Ownership and Trusts Disputes
- Landlord and Tenant Act 1954
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The Landlord and Tenant Act 1954 governs the commercial relationship between a landlord and tenant. It does this by setting out their rights and obligations. Most importantly, the Landlord & Tenant Act 1954 is the relevant law which creates security of tenure for business tenants.
If a business tenant meets the criteria for security of tenure under the Landlord & Tenant Act 1954, then this means that the business tenant will have the automatic right to remain in occupation of the premises and renew their lease at the end of their existing lease term. Their landlord will only be able to refuse to grant a new lease in certain limited circumstances.
It is also possible for a commercial lease to be ‘contracted out’ of the provisions of security of tenure under the Landlord & Tenant Act 1954; however, this requires a strict process to be followed by the parties. If a lease has been properly ‘contracted out’ then the business tenant will not have the right to remain in occupation or renew their lease at the end of their existing lease term.
It is important that you know your rights whether you are a landlord or a tenant. It is also imperative to know your obligations so that you do not find yourself in breach of them and/or in breach of the strict procedures which need to be followed. As such we will always advice clients to take specialist professional advice both from a solicitor and a suitable surveyor.
- Leasehold Property (Repairs) Act 1938
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The Leasehold Property (Repairs) Act 1938, as the name indicates, deals with repairs in relation to leasehold premises. Most notably, the Leasehold Property (Repairs) Act 1938 affords protection to tenants in respect of damages and dilapidations to leasehold premises. The Leasehold Property (Repairs) Act 1938 helps prevent landlords from relying on repair covenants within a lease in order to forfeit a lease.
In respect of a breach of any lease covenant, other than a covenant to pay rent, a landlord must first serve on the tenant a notice under Section 146 of the Law of Property Act 1925 before the landlord can take any forfeiture action. This is known as a ‘Section 146 Notice’.
Provided the lease complies with the relevant provisions of the Leasehold Property (Repairs) Act 1938, if the landlord is complaining about a breach relating to the repair covenant in the lease, then the tenant will be able to serve a ‘counter-notice’ on the landlord claiming the benefit of protection the Leasehold Property (Repairs) Act 1938.
If this happens, then the Landlord must first apply for leave of the Court before the landlord is able to make an application to forfeit the lease for breach of repair covenant by the tenant. In order for leave to be granted, the landlord must demonstrate that the tenant has breached the terms of the lease and generally, that there is an immediate need and requirement for the breach to be remedied.
The Leasehold Property (Repairs) Act 1938 can be a useful tool in a tenant’s armoury which must be used correctly and within the prescribed timescales. If used properly, a landlord will have to go through a detailed process in order to determine whether or not a tenant has breached a repair covenant in their lease. This process can be time consuming and costly for all parties and therefore it is usually in the best interests of all involved to try and settle the matter without the need to follow the entire Court process. However and nevertheless, the procedure protects the tenant against their lease being forfeited unfairly and without due consideration of the landlord’s complaint.