Property Dispute Resolution

As a commercial landlord you will appreciate the importance of assembling a trusted team of experts to minimise the disruption caused by any dispute so that you can focus on running your business. Our Team offer added value through our understanding of a changing market, providing you with a solutions-based approach rather than just simply applying legal answers to commercial problems.

We can assist you in navigating through the Landlord and Tenant Act 1954, be this via service of notices or contested lease renewal proceedings.  We can also guide you through and actively progress bringing or defending a dilapidations claim.  Whatever the nature of your landlord or tenant relationship, we will take a commercial approach throughout.

The title deeds of your property may contain covenants, easements or Rights of Way affecting how the property can be used or who has access to it, or across it. Such rights and restrictions are a frequent source of dispute and our team will ensure that issues are isolated and examined, always with the intention that any dispute is resolved as swiftly and as efficiently as possible. This, in turn, protects the ongoing use, occupation and enjoyment of the land and limits any financial impact.

Utilising our skills in negotiation we have helped developers, businesses, agricultural users and residential property owners reach a resolution through negotiation and mediation but also litigation where appropriate.

Your property is your greatest asset and consequently at Butcher & Barlow we recognise that disputes with neighbours can be stressful and emotive.  It is important to secure early and effective representation so as to prevent the other party from acquiring rights or advantages over your land.

We have successfully resolved numerous boundary and neighbour disputes by negotiation and mediation to preserve a sustainable neighbour relationship.  However where negotiations do not produce the required outcome, we have the tenacity as well as the track record to engage in effective litigation be this through the Courts or the Property Chamber (Tribunal)

We can help landlords when tenants are failing to pay rent or comply with other obligations in their lease. We take time to understand your commercial objectives and to identify and advise you on your options. It may be that the best option for you, depending upon the circumstances and the provisions within your lease, is to take action to forfeit, i.e. bringing an end to the lease, or to lever a commercial advantage.

We work collaboratively with clients and their surveyors in formulating strategies to achieve vacant possession of premises.  We will and guide you through the necessary procedure should you decide to forfeit the lease. We can also assist with the recovery of rent arrears.

In a changing market you need the agility and flexibility to protect your interests whether you are the landlord or tenant.  You therefore need the right professional team alongside you. Our Team has considerable experience in this niche area of law, whether this be in the form of devising and implementing a strategy so as to secure vacant possession of property or by navigating you towards the renewal of a lease. We have experience in acting for institutional clients, investors, developers and occupiers and work collaboratively with other experts such as Surveyors, Agents and Counsel and will assemble a team of specialists to protect your investment.

Disputes between landlords and tenants are often an unavoidable reality. We have extensive experience in acting for both landlords and tenants in all aspects of possession proceedings and claims regarding residential properties; deposits; and unlawful occupiers.

Whether it is a dispute with an investment property co-owner, or with a co-occupier, or whether the dispute has arisen as a result of inheritance or divorce, our team can advise you on how best to protect your interest and to minimise any further financial or practical impact.

If a third party is doing something or failing to do something that affects you or your property then you may have a nuisance claim against them. Whether you are looking at ways in which to stop the nuisance or have received a claim for nuisance, we will quickly get to the heart of the issues and respond quickly so as to preserve your position or avoid potential liability.

In our experience, Alternative Dispute Resolution forums such as negotiation and mediation, both of which are actively encouraged by the Courts, can prove cost-effective methods of finding solutions to often complex problems. However, where Court action is inevitable, we have the resources to navigate through the litigation process.

Arrears and liabilities management is a vital component in any property portfolio and if rent stops being paid, early intervention is necessary before the arrears become unsustainable and beyond the ability of the debtor to pay. An early letter before action or statutory demand threatening bankruptcy often results in payment and more timely payments going forward. However, we also appreciate that it is sometimes more important for you to retain a positive, commercial relationship with the debtor and a litigious approach may not be the best approach.

We will talk through all the options with you, and give you the advantages and disadvantages of each, enabling you to make an informed decision on how to proceed.

Should your debtor still refuse to pay, we will vigorously pursue your claim through the Courts where necessary or by way of petitioning for bankruptcy.

Claims for breaches of tenant’s repairing obligations can be complex and frustrating as well as fraught with risk due to often bespoke provisions within the lease. You can rely upon our experience in acting for a wide variety of clients ranging from SME occupiers to institutional investors.

We can draw upon our wide network of professional contacts including Dilapidations Surveyors, Section 18 Valuers and Counsel to help you to assemble a specialist dilapidations team to get the right result for your business.

We have a track record in delivering commercial, timely and cost-effective solutions often without the need for litigation.  That is why Surveyors often approach us on behalf of their clients to assist them in bringing negotiations to a successful conclusion.  However, where it is not possible to reach a settlement, we have the experience and the know-how to progress your claim through the Courts.

A well prepared and thorough contract should prevent disputes from arising. However, if you find yourself is a dispute situation, we can advise on the right processes to resolve them as swiftly, cost effectively and, ideally, amicably as possible.

Our specialist team is able to provide advice on resolving a broad range of construction disputes, from payment disputes to delays to poor quality work, whether by litigation, negotiation or some form of alternative dispute resolution (ADR) including adjudication and mediation. We will help navigate through the dispute to minimise impact on the programme and keep the project moving.