Property Disputes

At Gibson Young Solicitors, our residential and commercial property dispute solicitors can intervene quickly to identify the best way of resolving a property dispute. Our team have extensive experience in finding solutions to difficult property issues and will work with you to ensure that your rights and interests are protected.

We have a strong track record of success in representing clients in a wide range of property disputes, including the following:

• Possession claims, including forfeiture of a commercial lease or evicting a residential tenant

• Rent arrears claims

• Rent review disputes and advice

• Disrepair claims

• Enforcing covenants and rights of way

• Removing covenants and rights of way

• Service charge disputes

• Dilapidations disputes

• Negotiations for surrender of tenancy

• Breach of the terms of a lease

• Disputes and claims arising from property purchase, including misdescription and deliberately misleading answers to pre-contract enquiries

• Professional negligence property claims including negligence on the part of a surveyor or solicitor in advising on a property purchase, condition, lease or title

• Boundary disputes

• Disputes with lenders, including repossession 

• Property-related insurance disputes

• Trespass

• Opposing planning applications and developments

If you would like to speak to an expert commercial or residential property dispute solicitor in SW15, ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form.

Our solicitors specialising in property disputes always aim to resolve disagreements with a minimum of stress and without the need for protracted legal proceedings. We have the legal expertise and understanding to identify the key issues quickly and work to find an agreement that avoids a court hearing.

As well as in-depth knowledge of property law and its practical application, we also offer exceptional client service. We will ensure that you know exactly what your options are and what the next step will be and we will keep you updated as to progress throughout. Your solicitor will be available to discuss your case without you throughout and will answer all of your questions clearly and honestly.

A commercial landlord generally has the right to forfeit a lease if the tenant breaches the terms of the lease. One of the most common breaches is failure to pay rent. 

The lease will set out the landlord’s rights regarding re-entry to the property as well as the length of time rent must go unpaid before there is a right to forfeiture. It is vital to follow the correct procedure for exercising the right of forfeiture to avoid a claim for wrongful forfeiture and reinstatement of the lease. It is recommended that you seek legal advice to ensure that you do not inadvertently damage your case.

A notice will need to be served under section 146 of the Law of Property Act 1925 and taking account of the requirements contained in the lease. If the breach of the terms of the lease is not rectified, for example, by payment of rent arrears, then the landlord can either peaceably re-enter the property or commence court proceedings to obtain possession.

A lease for commercial property will usually contain provision for the rent to be reviewed periodically, often every three to five years. The lease will specify the basis of the review, which could be based on the Retail Price Index or on the open market value of the property.

As a landlord, it is important to go through the proper procedure for rent review. Landlord and tenant can negotiate the proposed increase. As commercial property solicitors, we can advise you on the process and negotiate on your behalf to agree a new rent.

Property disputes can often be resolved without the need for a court hearing. An expert property dispute lawyer will be able to suggest the best way to proceed and options for reaching agreement that avoid litigation. This is generally faster and more cost-effective than court proceedings and we always do all we can to find acceptable solutions with a minimum of fuss.

Neighbour property disputes can be extremely stressful and affect the enjoyment of your home. They frequently arise over issues such as disagreement regarding ownership of land, trespass, such as parking on a neighbour’s land, boundary disagreements and issues regarding fences and hedges.

It is always recommended that you try to speak to your neighbour first of all. If agreement cannot be reached, then a solicitor’s letter may help them to understand the legal position and that you are taking the issue seriously.

We always try to deal amicably with matters wherever possible and we can negotiate on your behalf to try and reach an understanding. Where the issue cannot easily be resolved, mediation is often useful. This can help you both to evaluate the situation and consider what options are available.

At Gibson Young, our property boundary dispute lawyers can advise you of the best course of action and provide guidance and representation. If the matter cannot be resolved, we can bring a robust court case on your behalf.

If you have bought a property, you have the right to rely on the replies to enquiries that the seller has provided. These should be honest and accurate and where they are not, you may have a claim against them for misrepresentation.

Examples include failing to disclose disputes with neighbours and making false statements of fact, such as stating that there is no Japanese knotweed present when the seller knows this to be untrue, stating that there are no structural issues when there are, providing inaccurate boundary information or denying that there is damp when this is known to be untrue. 

A court has the power to rescind a contract or, more often, can order damages by way of compensation. The issue can also be dealt with by way of negotiation between solicitors, which is often faster and more efficient.

Commercial tenants are generally obligated to return commercial premises to the landlord in a good state of repair. This can be the case even if the property was not in good condition when it was leased.

Where a tenant attempts to hand back a property at the end of a lease and the condition is not acceptable, the landlord can bring a claim against them for dilapidations.

This type of claim can be extensive, including repairs and maintenance as well as items such as up to date electrical certificates. The claim will also include the landlord’s fees, for example, the costs of his surveyor and solicitor, as well as the cost of carrying out the works.

Our property team can advise in respect of dilapidation claims, defending these where necessary to protect the tenant’s interests as far as possible. We also represent landlords in bringing claims. 

At Gibson Young Solicitors, we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. 

If you would like to speak to an expert property disputes lawyer , ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form. All initial enquiries are free of charge and without any obligation.