Disputes often arise from the ownership or leasing of residential and commercial property.
At Hallmark Solicitors, our expert litigation solicitors have considerable experience of dealing with a wide variety of property disputes in both the residential and commercial sectors.
In respect of commercial properties, we have experience of dealing with
- Rent arrears/forfeiture claims – we have often acted for landlords in terms of dealing with issues surrounding forfeiture of a lease and the recovery of outstanding rents.
- Breach of lease covenant – this type of case often arises and our solicitors regularly advise on claims for possession of the property based upon a breach of a lease covenant and particularly in dealing with cases where a tenant has unlawfully sub-let the premises or assigned the lease to the premises.
- Trespass and squatting – we have experience of removing trespassers and squatters particularly from previous vacant commercial property.
- Dilapidation claims and service charge disputes – we have significant experience of dealing with this type of case, particularly when dealing with extensive works required at commercial properties and in circumstances where there has been no pre-existing schedule of condition.
- Licensed premises – We have particular expertise in dealing with disputes concerning licensed premises, particularly concerning non-payment of rents or alleged breaches of alleged supply/barrellage agreements.
- Boundary/right of access disputes – we have dealt with this type of case on a regular basis and are aware that feelings often run high. A pragmatic and commercial approach is often helpful in resolving these matters and where possible we recommend the use of alternative dispute resolution in attempt to keep legal costs to the absolute minimum. We have also dealt with claims concerning the maintenance and upkeep of party walls.
- Ownership disputes – We have regularly dealt with cases where a client has purchased a property with others. Sometimes, where there is a formal Deed of Trust, there are allegations that such a deed has been breached, however, there are also cases where there is no deed of trust and a claim must be brought against the legal owner by a party who claims that they have an economic interest in the property based upon contributions that they have made to it.
- Possession proceedings and enforcing judgments against property – We are experts in applying for charging orders against property (often as part of wider litigation proceedings) and then applying for an order for sale. We also often act in possession proceedings where a tenant has breached their tenancy agreement (often by not paying rent) or where the tenant has not vacated the property at the end of their tenancy.