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Commercial property disputes
We work primarily with landlords or tenants of commercial property and property developers to resolve disputes arising on issues such as:
- Non-payment of rent
- Unauthorised alterations
- Dilapidations and
- Renewal of business leases
For developers, in particular, issues might also arise over matters such as rights of way and restrictive covenants. Longmores’ team of specialist property litigators has wide and deep experience of resolving such problems.
Our approach is no-nonsense, commercial and pragmatic. We pride ourselves on our specialist, technical knowledge of property law, which enables us to provide you with top quality advice and guidance on all aspects of property disputes.
Where possible we seek to use alternative disputes resolution procedures, such as mediation, rather than litigation in the courts in order to minimise management distraction and friction for clients, and to keep costs under control, whilst producing the best result possible.
We have helped clients with a wide variety of issues such as:
- Forfeiture proceedings
- Rent and service charge arrears claims
- Nuisance claims
- Trespass claims
- Boundary disputes
- Easement disputes (rights of way etc.)
- Covenant disputes
- Business lease renewal claims
- Dilapidation claims
- Rights of light disputes
- Party Wall Act disputes
- Highways disputes
- Agricultural and farm land disputes
Examples of our work:
Forfeiture of commercial lease following a breach of the tenants’ covenant to repair. Having had the tenants removed, we successfully applied to set aside a property transfer from one of the tenants into the sole name of his wife on the basis that it was a sham. We then obtained charging orders over his interest in that property so that our client could recover the repair costs of his commercial premises.
Successful challenge to a Party Wall Act award. Our client owned land with a barn that adjoined a 16th century cottage. Intending to demolish the barn, our client served the appropriate notices under the Party Wall Act and an award was made. There were unavoidable delays in the construction process. The adjoining owner became impatient and, without reference to our client, engaged another party wall surveyor on our client’s behalf by whom an award was made which was unfavourable to our client. We successfully challenged the award and it was overturned by the court (Property Supply and Development Ltd v Verity, County Court at Central London, 17 December 2015). The case was on a novel point of law and is now referenced in the leading text books on party wall law.
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