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 a real concern that squatters are turning their attention towards occupying commercial buildings instead. Typical … Read more

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.   Once occupational tenancies are terminated, development sites and units within them can often be left … Read more

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. Depending on the nature of the site, this can include office equipment, stock, furniture, light … Read more

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 the development starts (provided it can remove the tenants when the time comes!).  If that is … Read more

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, when the land over which access is required is not within the ownership or control … Read more

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 possession of a business premises, without having to pay the tenant statutory compensation for disturbance. … Read more

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 what happens if the landlord disposes of its interest before trial or if it will be … Read more

Tenants and prescriptive rights to light: five tips for developer landlords

Author: Matthew Weal, Associate, Real Estate Dispute Resolution, London It is of course open to landlords to grant their tenants express rights to light as leasehold easements.  Similarly, an easement of light in favour of a tenant may be implied by means of the deeming provision in section 62 of the Law of Property Act … Read more

Light Obstruction Notices: Part of the Developer’s toolkit?

Author: Julia Tobbell, Senior Associate, Real Estate Dispute Resolution, London Rights to light have had a fair deal of attention in development circles recently, with the state of play post-Coventry v Lawrence somewhat uncertain.  One potential weapon in the developer's armoury against rights to light claims is the light obstruction notice ("LON").  The purpose of … Read more