Property disputes including landlord & tenant and boundary disputes

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.

Recovering rent arrears from a previous tenant

This case study demonstrates the expertise of our Dispute Resolution team who advise a wide range of commercial landlords in relation to recovering rent arrears from tenants or other parties. This case study looks at the ability of a landlord to claim rent from a previous tenant.

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. 

Thomson Snell & Passmore act on behalf of Hautford Ltd

Thomson Snell & Passmore acted for the successful respondent in the Court of Appeal case of Rotrust Nominees Limited –v- Hautford Limited, in which judgment was handed down on 17 April.  

Top tips for guarantors of leases

By Laura Harman, 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

Q. I have a lease of a flat that now has less than 70 years left to run.  I have read that I might have trouble selling or getting a mortgage.  Can I extend my lease?

Commercial considerations not relevant when interpreting service charge clauses

The Supreme Court has handed down its decision in the case of Arnold v Britton concerning the interpretation of service charge provisions in leases that provided for aggressive increases in the tenants’ service charge liabilities.

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

Landlord & Tenant Act 1954

Redress Schemes for Letting Agents and Property Management