Legal Guides

We use plain and simple English to give you an overview of the most common areas of law.

The basics of Property Litigation

Things don’t always go quite as smoothly as you may have planned. And unsurprisingly, disagreements are a part of life. That’s where Property Litigation steps in. This is the area of law that deals with resolving disputes in both residential and commercial property.

It also encompasses the many aspects and issues arising out of landlord and tenant relationships or property ownership and transactions.

What does Property Litigation cover?

Commercial Property Litigation covers a broad range of specialist areas, including:

  • Forfeiture and possession proceedings
  • Possession actions
  • Enforcement of easements
  • Dilapidation and repair matters
  • Rent and service charge recovery
  • Commercial lease renewals
  • Breaches of lease covenants
  • Assignment and sub-letting disputes
  • Party wall and boundary disputes
  • Rent reviews
  • Professional negligence
  • Landlord and tenant insolvency
  • Injunctions and emergency court actions

Residential Property Litigation also covers a broad range of areas, including:

  • Removing unlawful occupiers, squatters and trespassers
  • Disputes with neighbours including title and boundary disputes
  • Dealing with problem tenants
  • Claims against tenants for damage to your property
  • Claims for disrepair, harassment and unlawful eviction
  • Recovery of rent arrears, service charge and ground rent
  • Forfeiture
  • Leasehold enfranchisement
  • Professional negligence

What’s your next move?

With any aspect of Property Litigation, it’s imperative you have the ear of a qualified and experienced solicitor. It’s important to establish a trusting relationship with a legal professional who has the ability to respond quickly, whilst carefully weighing up and analysing the risks and rewards.

There are a good number of excellent solicitors who specialise in property litigation; they will be able to give you expert guidance that’s relevant to your particular situation, and then advise you on the best way forward.

DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. This article is merely a general comment on the relevant topic.

Published on 25th January 2013
(Last updated 7th May 2021)