Dispute resolution (property litigation)

An unusual consequence of the housing crisis – or, when is it against public policy to enforce a hospice’s privacy?

Author: Jerome Temme, Trainee, Real Estate Dispute Resolution, London Take a hospice, a restrictive covenant preventing development next door which, at the time of the development, served to protect the privacy of the sick children, their families and visitors, and … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation), Housing, Planning

Forfeiture traps for developer landlords

Author: Matthew Weal, Associate, Real Estate Dispute Resolution, London What do you do if you acquire a site containing problem tenants who may consistently be in arrears of rent or in breach of covenants under their leases?  It is understandable in these … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation), Landlord and tenant

The changing cost of environmental claims

Authors: Andrew Lidbetter, Partner, London and Jasveer Randhawa, Of Counsel, London   In environmental (Aarhus Convention) claims, judges can now award costs that take into account the claimant's financial resources. As of 28 February 2017, judges in environmental judicial review claims and … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation), Environmental law, Planning

How to protect your development site from squatters

Author: Rhian Arrenberg, Professional Support Lawyer, Real Estate Dispute Resolution, London  Following the creation of a criminal offence of squatting in residential premises* punishable with up to six months in prison and/or a fine of up to £5,000, there is … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation)

Squash those squatters: how to regain possession of your development site

Author: Rhian Arrenberg, Professional Support Lawyer, Real Estate Dispute Resolution, London A key concern for anyone involved in the development of land will be the landowner's ability to secure vacant possession of the development site in order for work to start.   … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation)

Clearing a development site – using Torts Act notices

Author: Matt Leggett, Associate, Real Estate, London Piecing together a large or complex development site inevitably involves dealing with tenants and occupiers in order to obtain vacant possession. On vacating the site, those tenants and occupiers often leave things behind. … Continue reading

1 Comment

Filed under Development, Dispute resolution (property litigation)

Development – a dampener on dilapidations claims?

Author: Julia Tobbell, Senior Associate, Real Estate Dispute Resolution, London Whilst a developer is in the early stages of planning and finance, it may be happy to leave the current tenants in situ to generate a little extra income before … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation)

How can I access neighbouring land to carry out development works?

Author: Rhian Arrenberg, Professional Support Lawyer, Real Estate Dispute Resolution, London In this post, we explore an issue common to many development projects in England and Wales: that of gaining access to the development site to carry out the works, … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation)

Do you have any ‘suitable alternative accommodation’ to offer? Terminating a business tenancy using ground (d)

Authors: Matthew Bonye, Partner and Head of Real Estate Dispute Resolution and Rhian Arrenberg, Professional Support Lawyer, Real Estate Dispute Resolution, London In this post we consider we consider one of the options open to a landlord who wishes to regain … Continue reading

1 Comment

Filed under Development, Dispute resolution (property litigation)

Lease Renewals: Landlord & Tenant Act 1954 and Ground (f): Ensure the landlord at the time of the court hearing is the entity with the intention to carry out the works!

Author: Rachel Croft, Senior Associate, Real Estate Dispute Resolution, London This post follows from our previous posts on a landlord's right to oppose a tenant's request for a lease renewal (under the Landlord and Tenant Act 1954).  Here we look at … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation)