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Property Litigation

When it comes to property matters, things don’t always go according to plan.

When complications arise, it is essential you work with a legal team that can react quickly, adapt to your changing needs and give clear, tactical advice.

If a property dispute is inevitable, the Property Litigation team at Charles Russell Speechlys will work hard to resolve your dispute as quickly and as cost effectively as possible. We do this using negotiation, arbitration and mediation. But if necessary we will use Court action - we have a hard fought reputation for being tough and assertive.

However, like you, we would rather property disputes didn’t happen. This is why we offer early advice and assistance, so problems can be avoided or resolved before they develop into formal action.

We work with a broad range of clients including international banks, institutional investors, landed estates, market-leading developers, nationwide housebuilders and private individuals. We understand the complexities of both commercial and residential property disputes, from the perspective of both landlords and tenants, and so can offer our clients a tailored and flexible service to suit both their legal and commercial requirements.

As one of the largest property litigation teams in the UK, we have extensive expertise in the commercial, residential and mixed-use sectors. This makes us unusual in the real estate sector, and gives us an edge in regeneration and development disputes.

We also have a leading reputation in the specialist field of leasehold enfranchisement. Whether it is an individual lease extension or a collective claim for the freehold under the Leasehold Reform Housing and Urban Development Act 1993, a claim for the freehold of a house under the Leasehold Reform Act 1967 or a Right to Manage matter, we can guide you through the process.


Termination of lease

MW Trustees and others versus Telular Corporation in connection with the termination of the lease of its UK office. The landlord challenged the validity of the tenant's break-notice. The High Court ruled that although the service of the Notice had been defective, the landlord had waived its right to rely on the defect.

Clarifying the law on the duties of landlords

Acting on a substantial service charge dispute relating to the management of the Paddington Basin Estate. There are proceedings in the High Court which are stayed and an Appeal to the Upper Tribunal (Lands Chamber) to determine the liability of residential tenants on the Estate to contribute to general management costs.

Acting for a market leader on a significant central London development

Advising on the termination of leases both inside and outside of the Landlord and Tenant Act 1954, in order to secure vacant possession of the development site. Also providing advice on rights of light issues.

Winning a landmark freehold enfranchisement case

Under the Leasehold Reform Act 1967, Howard de Walden Estates Limited versus Lexgorge Limited, the Supreme Court found in October 2012 that our client's premises, originally a house but used as offices for the past 50 years, was not a 'house' for the purpose of the Act, resulting in the client defeating the tenant's claim for the freehold.