When there is a dispute over property – commercial or residential – a client needs to know that their legal advisor will first aim to resolve it and mitigate any risks – and only when this route has been exhausted should they turn to litigation.
With a team of sixteen, we advise in relation to commercial, residential and mixed-use schemes and development disputes. We deal with all landlord and tenant issues including rent arrears, forfeiture, lease renewals, dilapidations claims, and service charge disputes. We also have experience in rent review, insolvency, real estate disputes and property related professional negligence claims.
On the commercial side our clients range from developers to institutional investors and funds, major office and retail tenants, private estates, charities, and high net worth individuals. These include abrdn, BA Pension Fund (via their asset manager, BlackRock), Knight Dragon Developments Limited, LaSalle Investment Management, Mayfair Capital, Notting Hill Genesis, Patrizia, PLP, Schroders and The Crown Estate. Acting for both sides ensures that we are alive to the concerns and priorities of each so that the advice provided is well rounded.
On the residential side our team has significant experience in the Central London marketplace, advising landlords of large mixed-use estates (The Crown Estate, The Phillimore Estate and The Corporation of Trinity House) and also residential investors and tenants of high value blocks in London and the suburbs. Our clients include both landlords and tenants covering all aspects of residential estate management, boundary and party wall disputes and also on enfranchisement and right to manage claims.
Forsters is delighted to have acted for the Ministry of Defence in successfully defending the claims brought by Annington Homes regarding military service family accommodation.
Our Property Litigation team is pleased to note that its instruction by the Secretary of State for Defence in regard to ‘R (Annington Property & others) v Secretary of State for Defence’ has been included in The Lawyer’s ‘Top 20 Litigation Cases of 2023’.
The Commercial Rent (Coronavirus) Bill is being finalised in Parliament and should receive Royal Assent by the next quarter day, 25 March 2022. The Act will be called the Commercial Rent (Coronavirus) Act 2022.
Commercial rent recovery restrictions extended to 31 March 2021 and review of commercial landlord and tenant legislation to be launched
Further to our update in September, last week the government announced that it will be further extending the forfeiture moratorium deadline, as well as the timeframe on restrictions on a landlord’s right to exercise CRAR and issue winding up petitions.
The Government has announced that the current legislation which prevent landlords from forfeiting commercial leases, or levying execution on the tenant's goods by way of CRAR to recover outstanding rent, will be extended from 30 September 2020 until 31 December 2020 to provide further protection for tenants who have not paid their rents or other sums due under their leases.
Covid-19 and commercial property rent recovery: new code of practice and restrictions on remedies to be extended
On 19 June 2020, the Government published the Code of Practice for commercial property relationships during the COVID-19 pandemic ("the Code"). The Code was drafted by a Working Party comprising landlord and tenant representative bodies.
With substantial sums still outstanding for the March Quarter, landlords face an even tougher battle collecting rents for the coming June Quarter. This Guide looks at the options likely to be available in light of Government action to date and future likely restrictions.
The Corporate Insolvency & Governance Bill ("the Bill") was laid before Parliament on 20 May 2020. It follows on from the Government's Press Release of 23 April 2020 and it is due to be discussed next in the House of Commons on 3 June 2020. The proposed provisions of the Bill have taken almost a month to draft but they are likely to be subject to both substantial opposition from landlords as well as much debate in both Houses, the Commons and the Lords.
The restrictions on movement imposed by the Government, in its attempt to control the spread of coronavirus, have exacerbated the already difficult trading conditions in which many retailers find themselves. Recent days have seen the sad news that both Debenhams and Cath Kidston have filed notice to appoint administrators. It can be expected that others will follow.