A man wearing glasses and a sweater gestures while speaking in a modern interior space. A woman listens attentively in the blurred foreground. Text on screen: "Add this room to a meeting."

Real estate disputes

Real estate disputes

Identifying and mitigating against risk is paramount in any property endeavour. Clients should feel assured they have the support of a team who can not only advise on and resolve any property dispute, but who can also lead even the most complex litigation should it become necessary.

We understand that litigation is almost always a last resort for clients, and we will work with you to try to reach a satisfactory outcome which avoids court proceedings where possible. We can also advise in respect of negotiation, arbitration, mediation, expert determination, and other forms of alternative dispute resolution.

Our team has experience across the full range of property litigation and advise all manner of clients, from individuals through to the largest land-owning organisations.

Here is how we can assist:

Major Litigation

When disputes escalate, we’re by your side. When the legal issues are complex and the stakes are high, we offer strategic support and expert guidance, from the very outset through to lengthy trials. Our track record speaks for itself.

Commercial Real Estate

Developers, investors, and portfolio managers rely on us. We handle disputes across sectors — retail, office, industrial, logistics, and more. Trial-tested, negotiation-savvy, and always focused on your success.

Residential Property

Whether it’s landlord-tenant matters, ownership disputes, or professional negligence claims, we have specialists who can support you.

Enfranchisement

Our specialists ensure a smooth path on all aspects of enfranchisement – from lease extensions to large-scale freehold acquisitions.

Key experience

Annington Properties Limited v Secretary of State for Defence

We acted for the Ministry of Defence in the seminal litigation brought by Annington Homes concerning the MOD’s right to enfranchise homes within its military service family accommodation portfolio. The case involved various untested principles of enfranchisement and attracted significant media interest, as the portfolio is estimated to be worth £10 billion. The case, involving over a dozen King’s Counsel across both sides, was named as one of the Lawyer’s Top 20 cases of 2023, and again in 2024. MOD was entirely successful at first instance in defending both Annington’s judicial review claim, and its claim to oppose the validity of MOD’s test enfranchisement cases. The case is now progressing to the Court of Appeal, with Forsters leading on all property law issues.

Central London development

We advised a developer in relation to a major Central London development encompassing parts of Oxford Street and Soho Square. Our work included strategic advice in respect of various rights of way/easement issues over the site, rights to light, and vacant possession strategy. This was a complex site, in a high-profile location, with various types of tenants including telecoms operators, 1954 Act tenants, residential tenants, and multiple licensees.

Berkeley Homes

We successfully acted for Berkeley Homes in a landmark case concerning recoverability of residential service charges. The case centred on whether it was reasonable for a landlord to choose not to employ site managing staff directly, thus passing on an additional VAT charge to tenants. The issue had important consequences for landlords in the affordability of providing services to managed flats. The First Tier Tribunal held that the landlord had indeed been reasonable to choose to structure staff costs in the way that it had, which provided very welcome clarity to landlords across the country. The trial ran for five weeks and required extensive expert evidence. We co-ordinated the litigation on behalf 7 co-defendants against over 600 leaseholders and continue to act on satellite issues arising.

Fearn v Tate Gallery

We successfully acted for the various flat owners living adjacent to the Tate Gallery’s new Blavatnik wing, who were suffering excessive and intrusive nuisance as a result of visitors to the Tate’s new viewing platform overlooking our clients’ flats. The case progressed to the Supreme Court and established important new principles for the law of nuisance, and was widely reported in the mainstream press. Acting on behalf of multiple litigants required a streamlined approach to managing the litigation.

Aldford House, London

We acted for the leaseholders of a large building in Park Lane known as Aldford House, in relation to a complex collective enfranchisement claim for the freehold. The right to make the claim was disputed by the freeholder Grosvenor Estate and the head landlord on various grounds. The Court of Appeal determined that the collective claim was valid, in an important decision on the construction of the 1993 Act and the definition of a “Flat”, which also provided key guidance on the interaction between service charges under the Landlord and Tenant Act 1985 and management orders under the Landlord and Tenant Act 1987. We also act for the same leaseholders in a complex service charge dispute circa £1.5 million against the head landlord.

Meet our team

A man with curly hair wears a suit and flamingo-patterned tie, looking directly at the camera. The background features a softly blurred vertical striped pattern, creating a professional atmosphere.
Dean Monk

Senior Associate, Real Estate Disputes

A man in a blue suit and dark tie smiles at the camera, set against a plain background.
Lukas Saul

Senior Associate, Real Estate Disputes

A man wearing a dark blazer and white shirt looks directly at the camera. The background is a plain, light colour.
Will Leney

Senior Associate, Real Estate Disputes

A woman smiles, wearing a white blouse and pearl necklace, with medium-length auburn hair, set against a blurred, neutral background. No text is present.
Charlotte Ross

Senior Knowledge Development Lawyer, Real Estate and Construction Disputes

News and views