Expert Property Litigation Solicitors: Resolving Property Disputes with Precision and Expertise
Introduction
Property disputes, whether residential or commercial, can be exceptionally complex, emotionally taxing, and financially burdensome. At Jamieson Alexander, our dedicated Property Litigation Team understands these challenges intimately. Working hand-in-hand with our significant Residential Property and growing Commercial Property Teams, we offer a truly holistic and specialised service designed to protect your interests, clarify legal positions, and achieve effective resolutions. From complex leasehold issues to boundary disputes and landlord-tenant conflicts, we combine deep legal knowledge with a pragmatic, client-focused approach to navigate even the most contentious property matters.
Our Strategic Approach to Resolution:
We place a high emphasis on proportionality and commerciality in all our work. We will only advise you to commence or continue with a claim if it is likely to:
a) recover more for you than you are likely to spend, or
b) save you more than we are likely to cost.
This ensures that we always add real value to your instruction. Equally, seeking legal advice at the early stages of a dispute can significantly save costs and prevent the situation from worsening.
Why Choose Jamieson Alexander for Your Property Dispute?
Our approach is tailored to the unique nature of property law, offering you:
Specialised Expertise: Our team focuses exclusively on property disputes, ensuring up-to-date knowledge of the latest legislation, case law, and procedural rules.
Holistic Approach: We work collaboratively with our transactional property departments to offer seamless advice, understanding both the contentious and non-contentious aspects of property.
Strategic & Proactive: We aim to identify and resolve issues early, exploring all avenues from negotiation and mediation to robust litigation to achieve the most commercially sensible outcome.
Transparent & Predictable Costs: We understand the financial pressures of disputes and offer clear pricing structures, including fixed-fee options where appropriate, to keep you in control.
Client-Centric Support: We provide clear, jargon-free advice and dedicated support, easing the burden and stress often associated with property disputes.
Our Core Areas of Property Litigation Expertise
Leasehold Enfranchisement, Lease Extensions & Right to Manage
Leasehold properties involve unique complexities, and leaseholders often seek to gain greater control or extend their interest in their homes. We guide both leaseholders and freeholders through all aspects of leasehold reform:
Lease Extensions: Advising on the statutory right to extend the lease of flats under the Leasehold Reform, Housing and Urban Development Act 1993 (for houses, under the Leasehold Reform Act 1967), including valuation disputes and procedural requirements.
Collective Enfranchisement: Assisting groups of flat owners to collectively purchase the freehold of their building under the Leasehold Reform, Housing and Urban Development Act 1993.
Right to Manage (RTM): Guiding leaseholders through the process of taking over the management of their building from the landlord under the Commonhold and Leasehold Reform Act 2002, without needing to prove fault on the landlord's part.
Right of First Refusal: Advising tenants and landlords on their rights and obligations when a freeholder intends to sell their interest, under the Landlord and Tenant Act 1987.
Recent Legislative Changes: We keep abreast of significant reforms, including the Leasehold and Freehold Reform Act 2024, which aims to make extending a lease or buying a freehold cheaper and easier for more leaseholders, impacting valuations and future claims.
Landlord and Tenant Disputes (Residential & Commercial)
Navigating the legal relationship between landlords and tenants can be fraught with potential for conflict. We act for both landlords and tenants, providing strategic advice on their respective rights and obligations.
Residential Landlord & Tenant Disputes
Possession Claims: Acting for landlords seeking to regain possession, including drafting and serving Section 8 Notices (for breach of tenancy, e.g., rent arrears, nuisance) and Section 21 Notices (for "no-fault" possession, though we monitor the pending abolition of this under the Renters (Reform) Bill). We also defend tenants facing unlawful eviction.
Rent Arrears Recovery: Pursuing unpaid rent for landlords or defending claims for tenants.
Deposit Disputes: Advising on compliance with Tenancy Deposit Schemes legislation and representing parties in disputes over deposit deductions, often via the scheme's Alternative Dispute Resolution (ADR) service or the First-tier Tribunal (Property Chamber).
Repairing Obligations: Resolving disputes over landlord's and tenant's responsibilities for property maintenance and disrepair claims.
Tenant Nuisance & Anti-Social Behaviour: Advising landlords on managing difficult tenants and enforcing tenancy terms.
Unlawful Eviction & Harassment: Protecting tenants from illegal actions by landlords.
Commercial Landlord & Tenant Disputes
Lease Renewal: Guiding landlords and tenants through the complex statutory process of lease renewal under the Landlord and Tenant Act 1954 Part II, including opposition to renewal and terms of new leases.
Breach of Covenant: Acting on breaches of lease terms, such as unauthorised alterations, change of use, or sub-letting.
Forfeiture: Advising landlords on the right to forfeit a lease for breach of covenant, and tenants on seeking relief from forfeiture.
Dilapidations Claims: Handling disputes over the state of repair at the end of a lease, often adhering to the Property Litigation Association's (PLA) Dilapidations Protocol.
Rent Review Disputes: Resolving disagreements during periodic rent review clauses within commercial leases.
Service Charge Disputes: Challenging or defending the reasonableness and recoverability of service charges in multi-occupied commercial premises.
Boundary and Neighbour Disputes
Disputes with neighbours can severely impact your enjoyment of your property. We offer sensitive yet firm advice to resolve:
Boundary Disputes: Establishing correct boundary lines and resolving disagreements over ownership of land or features such as fences and walls.
Easements & Rights of Way: Disputes over the existence, scope, or obstruction of rights of way, rights to light, drainage easements, and other private rights.
Nuisance Claims: Addressing ongoing issues such as excessive noise, odours, overgrown hedges, or encroaching trees.
Party Wall Disputes: Guiding property owners through the requirements and resolution of disputes under the Party Wall etc. Act 1996 concerning works to shared walls or excavations near neighbours' properties.
Restrictive Covenants: Interpreting and enforcing or seeking to modify restrictive covenants that burden land use.
Other Property-Related Disputes
Our expertise extends to a broad range of other property conflicts:
Adverse Possession: Claims for or against acquiring ownership of land through long-term, unchallenged occupation.
Mortgage Possession Claims: Acting for lenders seeking possession or borrowers defending such claims.
Professional Negligence Claims: Pursuing claims against property professionals (e.g., surveyors, conveyancers, valuers, architects) for negligent advice or services that have caused you financial loss.
Co-ownership Disputes: Resolving disagreements between joint property owners, including applications for orders for sale or declarations of beneficial interests.
The Legal Framework and Venues for Property Disputes
Property disputes in England and Wales are governed by a complex interplay of common law, statute, and procedural rules. Key venues for resolution include:
The First-tier Tribunal (Property Chamber): Established under the Tribunals, Courts and Enforcement Act 2007, this specialist tribunal is the primary forum for many residential leasehold disputes, including:
Lease extension and enfranchisement valuations.
Service charge and administration charge disputes.
Right to Manage applications.
Tenancy deposit scheme disputes (often via the scheme's ADR first).
Rent repayment orders and other landlord penalties under the Housing Act.
The Tribunal offers a less formal and often more cost-effective route than the County Court for these specific types of cases.
The County Court: The primary venue for most other property litigation, including:
Residential possession claims (unless dealt with by FTT).
Commercial landlord and tenant disputes (e.g., lease renewal, forfeiture).
Boundary disputes and claims relating to easements or covenants.
Nuisance claims.
Professional negligence claims.
Enforcement of judgments related to property.
The High Court: For high-value or particularly complex property disputes, cases may be heard in the High Court, particularly the Chancery Division.
Alternative Dispute Resolution (ADR): Before formal proceedings, we always explore and encourage ADR methods such as mediation, which can offer a quicker, more private, and often less expensive route to resolution, preserving relationships where possible. Many disputes now have mandatory pre-action protocols requiring ADR to be considered.
Contact us now
Facing a property dispute? Don't let it escalate.
Whether you are a landlord, tenant, homeowner, or business, we invite you to contact us for an initial informal and free discussion about your potential claim. Our team are ready to listen and advise on the best way forward.