Property litigation

A leading Property Litigation team ranked as a Tier One firm in the 2024 edition of The Legal 500

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 over 23, 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.

The Property Tribunal determines the issue of VAT on Staff Costs

The First Tier Tribunal (FTT) yesterday handed down its judgment in the matter of Various Lessees of Battersea Reach and St George Wharf -v- St George South London Ltd (and others).

VAT On Staff Costs'

Supreme Court win for flat owners in Fearn v Tate

On 1 February 2023 the Supreme Court handed down its judgment in the ongoing nuisance claim between the residents of Neo Bankside and the Tate Gallery relating to the public viewing gallery situated in the Blavatnik Building at the Tate Modern.

Supreme Court win for flat owners in Fearn v Tate'

Forsters advises Ministry of Defence in successful defence of claims by Annington Homes

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.

Ministry of Defence Success'

Instruction by MoD listed in The Lawyer’s Top 20 Litigation Cases of 2023

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 Lawyer’s ‘Top 20 Litigation Cases of 2023'

Renters' Reform Bill – the end of no fault evictions?

The government has announced in the Queen’s Speech that it will shortly publish a White Paper setting out details of the much anticipated Renters' Reform Bill..

Renters' Reform Bill – the end of no fault evictions

Cladding: Your position and how to future-proof

Construction Partner, Andrew Parker, and Property Litigation Senior Associate, Sarah Heatley, along with Robert Bowker (Tanfield Chambers) and Andrew Webster (formerly of Cumming Group), sat down to discuss key elements of the (then) proposed legislation and the potential impact for the construction and property industries, as well as the wider public.

Cladding: Your position and how to future-proof

The Commercial Rent (Coronavirus) Act 2022

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 Real Estate

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.

Commercial Real Estate

Lockdown and Tears: A Landlord's Guide to Tenant Administrations

The devastating impact of UK lockdown on the high street has been put into sharp focus, as the Arcadia Group (which owns brands including Topshop, Burton and Dorothy Perkins) has confirmed that it has filed notice to appoint administrators. Arcadia follows Debenhams, Cath Kidston, Jaeger, TM Lewin and a long list of other household names who have taken similar action since March this year.

Retail and shopping graphic

Restrictions on forfeiture of business tenancies and CRAR extended to 31 December 2020

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.

Property Litigation graphic

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.

Covid-19 and commercial property rent recovery: new code of practice and restrictions on remedies to be extended

A quick guide to the rent collection minefield

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.

A quick guide to the rent collection minefield

Our Insights

“We believe our office environment should reflect the wider community of which we are all a part. Diversity and inclusion are key areas of focus which help us to understand our colleagues and clients alike. Through understanding, we strive to create a happy and harmonious workplace.”
Charles Miéville & Amy France, EDI Partners