Property disputes including landlord & tenant and boundary disputes

Recovery of rent arrears – a success story for landlords

The Property Litigation Team have recently acted for the landlords of commercial premises in West London in obtaining summary judgment against their tenant for significant rent arrears.

Defending claim for alleged unlawful eviction

The client owns a number of residential properties located on its farm.

Professional negligence

The clients purchased a high value detached property in Surrey, which was plagued with problems from the outset. 

Dispute in connection with dissolution of farming partnership

Our client was previously in a farming partnership with a sibling.

Right to light

Our client built out a development in the South East.

Advising on property trust dispute

A claim under the Trusts of Land and Appointment of Trustees Act 1996 was brought against our client by a close family member, alleging an interest in a property solely owned by our client.

Non-completion of auction contract 

Our pension fund client sold a property at auction, and the purchaser failed to complete on the purchase. The purchaser subsequently forfeited their deposit. 

Assessment of whether right of way was binding

The client owns farmland and was proposing to purchase additional parcels of land to be used for the purposes for a significant development.

Devising strategy for securing vacant possession

The client is the freehold owner of a parade of shops in South London with significant development potential.

Recovering vacant possession of farmland

Our investment company client owns a large area of farmland. 

Securing protection for family-run business

The client occupied property for the purpose of carrying on a family-run business selling leisure garden buildings since 2002. 

Advising a tenant in response to a landlord asserting compulsory purchase powers

The client, a firm of accountants, occupied office space for over 20 years. This space was fundamental to the operation of the client’s business.

Enforcing the terms of an inter-creditor deed

Our client, a specialist development finance lender, had a first legal charge over a development site in the South East. 

Managing property portfolios in the pandemic

The client is a large company dealing in the distribution and supply of food, drink and other products mainly to the catering industry in the UK and Europe. 

Enforcement notices withdrawn following successful negotiations

The client was issued with two enforcement notices relating to a parcel of land to the side of a motorway. The land had been trespassed upon, with caravans and hard standing left on site without the authority of the client. On behalf of the client, two appeals were submitted against the notices.

Claims against a former landlord by a creditor of an insolvent tenant

The Property Disputes Team recently advised a long standing client who had granted a lease of premises to a printing company.  The tenant financed the purchase of printing presses through a lending facility.

Diverting access rights to enable development to proceed

The Property Disputes Team recently assisted a developer client who was in the process of developing a multi-million residential scheme with an on site community facility.

Resolving issues between neighbouring properties concerning upgrading service media

Thomson Snell & Passmore acted for private individuals who wanted to upgrade the electricity supply to their property in a prominent town in the South West. The existing supply was not fit for purpose and was a risk to their insurance cover if left unaddressed.

Challenging the validity of a break notice

Thomson Snell & Passmore acted for a client landlord of commercial premises in Kent. The tenant attempted to serve a break notice to bring its lease to an end.

Dealing with uncertainties with the extent of land ownership

Thomson Snell & Passmore recently acted for a client who was in the process of selling a substantial property in East Sussex when he discovered an irregularity with the boundary line at the Land Registry.

Challenging the distribution of funds following the sale of a property by an administrator

The Property Litigation Team acted for a large organisation of which hundreds of private member clubs through the UK are members.

The risks of informal email dialogue when applying for landlord consent

The Upper Tribunal (UT) recently considered whether a residential tenant had agreed to pay the amount charged by the landlord for granting retrospective consent to alterations to his flat.

Additional challenges faced by landlords when tenants fall into liquidation

The main course of disagreement between landlords and developers is in relation to the uplift in price to be paid by a developer to acquire the site once, for example, planning permission has been obtained.

Additional challenges faced by landlords when tenants fall into liquidation

We act for a client who owns a large multi-let distribution centre in Kent.  One of its tenants was recently placed into liquidation owing our client arrears of rent and leaving it to fend off claims from suppliers and other creditors who claimed rights over goods being stored in one of the units.

Landlord unreasonably withholding consent

We acted for the tenant of a mixed use property in Central London whose landlord refused the tenant permission to make a planning application to use the upper floors for residential purposes.  The landlord refused permission on the grounds that it perceived the tenant’s ultimate motive was to try and force the sale of the freehold under the enfranchisement process.  The tenant issued court proceedings seeking a declaration as to the position.

What does the Leasehold Reform Bill mean for you?

Alison Sparks recently wrote a piece for Wealden Times, looking at what the Leasehold Reform (Ground Rent) Bill means for residential leaseholders

What does the revised National Planning Framework include?

The Ministry of Housing, Communities and Local Government (MHCLG) has published a revised National Planning Policy Framework (NPPF), replacing the earlier version of February 2019, following a consultation on proposed amendments to the NPPF. Planning law specialist Kate Jardine looks at what this means.

What is the best way to deal with neighbours causing a disturbance?

Here, Mark Steggles, our head of property litigation answers some questions around dealing with nuisance neighbours

More change for residential leaseholds following an investigation from the Competitions and Markets Authority

Further changes are afoot in the residential leasehold sector following an investigation by the Competition and Markets Authority (CMA).

What does the Leasehold Reform (Ground Rent) Bill mean for leaseholders?

The Leasehold Reform (Ground Rent) Bill looks to change the rules around ground rents and is currently being debated in Parliament. Alison Sparks looks at what it means for leaseholders.

What is the future for residential evictions?

Most evictions in England remain suspended until after 31 May as a result of changes introduced by the Government in response to the pandemic.

The “Debt Respite Scheme”- another hurdle for landlords

From 4 May 2021, individuals can apply for a moratorium to shield debts from creditors' enforcement action.

How are the Courts approaching the impact of COVID-19 in unopposed lease renewals?

WH Smith Retail Holdings Limited v Commerz Real Investmentgesellshaft MBH is one of the few decisions we have seen so far indicating how the Courts are approaching the impact of COVID-19 in unopposed lease renewals under the Landlord & Tenant Act 1954. Alison Sparks looks at what the ruling means for landlord and tenants alike going forward.

FAQ: Property Litigation

Your situation is common, but ultimately you remain liable to pay the rent (and service charges if applicable) despite being unable to trade for many months.

A Council proud to support new industry

Tunbridge Wells in Kent has received an encouraging boost to the return to a prosperous economy with the long-awaited issuing of the decision notice for a new business park in Kingstanding Way, on an out of town location almost directly adjacent to the strategic A21 which links the town with London and the coast.

Commercial Tenancies: your questions answered

Business landlords and tenants are encouraged to follow the Code of Practice for Commercial Property Relationships whilst the repercussions of the Covid-19 pandemic continue.

Residential Tenancies: your questions answered

For any notice served before 31 March 2021, the correct notice period is 6 months.

Interpreting the scope of ‘Development’ in the context of Option Agreements

The recent case of Fishbourne Developments Limited v Stephens (2020) has underlined the importance of applying commercial common sense when interpreting “Development” as a trigger for exercising any option over land where planning permission has been granted over part only for its development.

Leasehold Reforms – what do the latest announcements mean for leaseholders?

The Secretary of State for Housing, Communities and Local Government, Robert Jenrick, recently announced that the Government is planning legislation which will allow leaseholders to extend their lease to a new standard of 990 years with zero ground rent. While more detail about the legislation is still to be outlined, Grace Mercer explores what it could mean for leaseholders going forward.

Final extension to commercial tenant eviction ban announced

The government has announced a final extension to the ban on evictions of commercial tenant. Mark Steggles from our property litigation team shared his thoughts on what this means with Mortgage Introducer magazine.

A developer's “cynical breach” of covenant outweighs public interest

The Supreme Court recently handed down an important judgment, which serves as a stark warning for developers dealing with land encumbered by restrictive covenants. Grace Mercer from our property litigation team explains why in this article.

Overview of the current state of the commercial property market

Businesses being forced to “shut up shop” for a period of time, and/or the restrictions imposed on businesses during and after lockdown, has affected their ability to trade and generate an income.

Working life after COVID-19 and the use of office space

There is no doubt that COVID-19 has initiated change in the way we work as well as how we view the use of the office.

COVID UPDATE (September 2020) – Lift on Stay of Possession Proceedings and new Notice Periods

The ban on evictions, introduced in response to the COVID-19 crisis, had been extended again to 20 September 2020 following an announcement on 21 August 2020 from Housing Secretary Robert Jenrick MP. 

Further extension to the business tenants eviction moratorium

Treasury Secretary Stephen Barclay announced to the house of commons today that the moratorium on commercial property evictions based on rent arrears in England is to be extended from 30 June 2021 to 25 March 2022.

Lease Extensions: the pros and cons

The Association of Leasehold Enfranchisement Practitioners (ALEP) has reported a rise in homeowners reviewing their leasehold extension opportunities and rights.

Reactivation of possession claims – Practice Direction 55C

Grace Mercer offers advice for landlords on reactivating possession claims.

Resisting Landlord’s rights of entry

Gas Safety Certificates in Assured Shorthold Tenancies

New permitted development regulations 2020 – natural light and growing buildings

Commentary on the extension of the current ban on evictions for commercial and residential tenants

Code of Practice for Commercial Tenants

On 29 May 2020 the government announced that it is working with businesses and trade associations in order to publish a Code of Practice to support high street businesses through the COVID-19 crisis.

Supreme Court hands down important decision on power struggle between residential block managers and flat owners

On the 6 May 2020, the Supreme Court gave judgment in the case of Duval v 1113 Randolph Crescent Ltd which has potentially wide ranging implications for landlords of blocks of flats and their tenants. 

UPDATED: COVID-19 and squatters in commercial premises – Updated to reflecting amendments which came into effect from 18 April 2020

COVID-19 and squatters in commercial premises

COVID-19: Understanding the impact on residential landlords

COVID-19: UPDATED: Key considerations for commercial landlords and tenants

As the situation surrounding COVID-19 continues to develop at speed, nearly every area of business is facing disruption of some kind. This is especially true for commercial landlords and tenants, especially those in the leisure and hospitality industries. 

Resident and non-resident landlord tax; is there a difference?

In a recent article from the Financial Times, James Parratt answered a query concerning a letter from the HMRC. The letter inquired about the tax status of the recipient's landlord, which suggested to them that they were responsible for paying their landlord's tax bill. James Parratt explained:

Leasehold Reform: Premiums for Lease Extension and Enfranchisement

On 9 January 2020, the Law Commission published its report on the options for reducing the costs payable by leaseholders extending their leases or purchasing the freeholds of their properties.

Queen’s Speech – Housing & Private Rented

The Christmas Queen’s Speech included proposals for significant changes for residential property, particularly in the private rented sector and for leaseholders.

Law Commission Leasehold Enfranchisement Report: Our Thoughts

The Law Commission of England and Wales has recently published a report setting out options to reduce the cost that leaseholders have to pay to buy the freehold or extend the lease of their homes. The findings of the report have been published with the aim of making the process easier and more affordable for millions of leaseholders across England and Wales.

Restrictive covenants on a freehold property – a glimmer of hope?

Restrictive covenants on a freehold property – a glimmer of hope? Restrictive covenants are commonly found in leasehold property, such as flats, but less so in freehold properties.

Sign of the times – automatic email sign-off a binding signature

In our increasingly digital age, the case of Neocleous & Anor v Rees is a keen reminder of the care needed in email correspondence. An automatic email sign-off could unwittingly bind you to a contract.

The Supreme Court has overturned the Court of Appeal's decision on Sequent Nominees Limited v Hautford Limited. 

The Supreme Court has overturned the Court of Appeal's decision on Sequent Nominees Limited v Hautford Limited. 

The Debenhams CVA

Among pages of stories about the death of the high street, it’s the company voluntary arrangements (CVAs) entered into by the big retailers that have drawn the most attention. One of the biggest of these, the Debenhams CVA, has just come before the High Court, with landlords challenging the CVA on five grounds:

Losing out on a rental property due to last minute higher offer: do we have any kind of redress?

James Parratt recently offered advice to a Sunday Times reader, regarding a rental situation. The reader in question had recently put down a deposit to rent a house and agreed a price of £1,800 a month with a local independent letting agency. 

Can I stop my neighbour’s nuisance barbecues?

How to turn down the volume next door, and ways to guard against gazumping

A New Deal for Renting – The End of Section 21?

In April this year, the Government announced its intention to end no fault evictions. With the consultation now published, the details of those proposals are now beginning to take shape.

Ban on letting agents’ fees now in force

From 1 June 2019, the new Tenant Fees Act 2019 came into force

Terminating business leases: landlord’s intention to redevelop

Where premises are let under a lease within the protection of the Landlord and Tenant Act 1954, at the end of the lease the tenant has a statutory right to either claim a new lease or remain in occupation.

MIPIM 2019

We will be at MIPIM 2019, the world's largest property expo between 12-15 March with representatives from all of our property teams.

Adverse Possession

The saying ‘possession is nine tenths of the law’ is well known but, when it comes to land, is it really true?

How to safely get off the escalator

The issue of ground rents payable for leasehold properties has attracted negative publicity recently; particularly so called ‘escalator’ ground rents.  These are rents that escalate over time, for example doubling every ten years.

Staying one step ahead

The High Court has recently handed down a decision, which will be welcome news to land owners and developers alike who own sites that are at risk of trespassers from entering them.

The bargaining power of a CVA

A number of retailers have issued Company Voluntary Arrangement (CVA) announcements this year. If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading during this time.

A ‘once and for all’ breach when an AST landlord fails to provide a Gas Safety Certificate?

An Assured Shorthold Tenancy (AST) is the standard form of tenancy where a residential property is rented as a separate dwelling and the tenant, or at least one joint tenant, is to use it as their principal home. 

Top tips for guarantors of leases

By Laura Keatley, Solicitor in Commercial Property & Development.

Boundary Dispute Protocol – breaking down barriers?

The Protocol for Disputes between Neighbours and the Location of the Boundary (The Boundary Dispute Protocol) was introduced in September 2017.

Restrictive Covenants

Restrictive covenants affecting freehold land can hinder plans for future land use or development...

Private Landlords and the Right to Rent

The “Right to Rent” scheme was introduced by the Immigration Act 2014 as a means to prevent people with no legal right to remain in the UK from renting or remaining in private domestic rented accommodation. It seeks to achieve this by imposing obligations on landlords (or their agents if they have agreed in writing to undertake the necessary due diligence) to check the status of existing and potential tenants. Landlords should not ignore their obligations, since in addition to the original civil penalty of up to £3,000 for failure to conduct the necessary checks, criminal sanctions were introduced from 1 December 2016.

Implications of the business rates revaluation

A landlord of premises let under a tenancy protected by the Landlord & Tenant Act 1954 (“the Act”) and who is intending to oppose the grant of a new tenancy should consider the implications of the business rates revaluation and the possibility of serving notice under section 25 of the Act before 1 April 2017.

FAQ: Commerical Property

Frequently asked Q&As 

Break clause in leases - exercising a break option

Guide to residential possession proceedings - Assured Shorthold Tenancies (AST)

Landlord & Tenant Act 1954