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Property Disputes

Our property litigation team can advise on a wide range of issues, including lease renewals (hostile and non hostile), the service of break clauses and preconditions for breaking a lease, right to light issues, termination of leases (forfeiture, distress and possession proceedings), interim and terminal dilapidations and commercial issues such as withholding consent to an assignment of the lease, or rent reviews.

We also work closely with the firm's insolvency team to provide comprehensive and commercial advice on all aspects of property related insolvency (administration, voluntary arrangements, liquidation or receivership) and the effects on a commercial lease arrangement.

The team has extensive experience of litigation and alternative dispute resolution, particularly mediation and is focussed on providing commercial legal advice.  Should court proceedings be necessary, the team is well versed in the procedures and rules of the county courts and the more specialist Chancery and Technology and Construction courts for more complex claims.

Our specialists deal with typical issues arising including the following:

  • How can I end my lease and my rent liability early?
  • I have received a break notice but want to keep my tenant on the hook - what can I do?
  • Can my landlord enter the premises and carry out repairs before our lease has expired?
  • A tenant has vacated and left the premises in disrepair - what damages am I entitled to claim?
  • Can I pay rent monthly even though our lease provides for quarterly payments?
  • What grounds do I have for refusing to consent to the transfer of the lease to a third party?
  • My tenant has left the premises but the unit is still full of goods. What steps can I take to remove the tenants belongings?
  • I have received a rent deposit from a tenant company and they have now gone into administration. Am I able to keep the deposit?

For further information on property dispute and litigation matters, please contact Nyree Applegarth at Nyree.applegarth@higgsandsons.co.uk or call 0345 111 5050.

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