Property Litigation

Our Property Litigation Team is recognised for its strength and experience. Our solicitors play a crucial role in a substantial number of property and commercial transactions on stand-alone matters and in support of other departments. We advise on all aspects of property litigation and handle high value complex work, ranging from commercial and residential landlord and tenant disputes, service charge claims, property issues arising in redevelopment projects and on insolvency, to equitable proprietary remedies, including trusts of land and agricultural land disputes.


They have demonstrated to me when dealing with client affairs a detailed grasp of the issues, an understanding of the relevant law, a quick appreciation of their client's commercial interests and the ability to marshal powerfully and without fear all the proper means available to them to further those interests. They are without doubt an outstanding firm for property litigation.

Michael Michell - Counsel - 10 Old Square, Lincoln's Inn

Phillips v Francis: Back to the Future in relation to Service Charge Consultation

In a long-awaited judgement from the Court of Appeal, the 2012 decision of the Chancellor in Phillips & Goddard v Francis has been overturned.

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Under scrutiny: the relationship between the housing officer and the tenant

The Court of Appeal recently considered whether the relationship between a landlord's agent and a tenant could constitute a relationship of trust and confidence, to the extent that a presumption of undue influence could arise.

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The Question of "Criminal" Adverse Possession: Best v The Chief Land Registrar and another [2014] EWHC 1370 (Admin)

The High Court has recently held that the fact that adverse possession was based upon criminal trespass did not preclude a successful claim to adverse possession under the Land Registration Act 2002 (LRA 2002).

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The right to commit a noise nuisance: Coventry and others v Lawrence and another [2014] UKSC 13

The Supreme Court has recently considered noise nuisance, and in particular whether a right to commit a noise nuisance can arise by way of prescription.

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Grounds for Possession: "Suitable Alternative Accommodation" does not have to refer to a Specific Property

The Court of Appeal has held that the expression "suitable alternative accommodation" in the Housing Act 1985 (section 84(2)(b) and (c)) is broad enough to encompass accommodation identified by reference to its essential characteristics and did not require the identification of a specific property.

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Real Estate

Real Estate

Our highly experienced team has the strength in depth to meet the demands of the modern real estate world and its business requirements. Our technical expertise is matched by our pragmatic and commercial approach, which makes us well-equipped to meet the needs and objectives of our clients.

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When is a home not a home? Under Scrutiny: temporary accommodation and the Protection from Eviction Act 1988

In the joined cases of R. (on the application of N) v Lewisham LBC and R. (on the application of H (A Child)) v Newham LBC [2014], the Supreme Court have recently had to consider the question of (1) whether temporary accommodation, provided under the Housing Act 1996 s.188, was subject to the Protection from Eviction Act 1977 s.3 and therefore whether a local authority required a court order before evicting an individual from such accommodation, and (2) whether an eviction by a public authority without first obtaining a court order for possession is a violation of that occupant's rights under Article 8 of the European Convention on Human Rights ("ECHR").

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Anti-social Behaviour, Crime and Policing Act 2014 - All Change?

Tackling anti-social behaviour was a key pledge of the Labour Government when it came to power in 1997. Over the 13 years they were in power, this resulted in a large number of new tools being introduced - everything from the 'ASBO' to demotion, high hedge provisions to the Family Intervention Tenancy

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The Care Act 2014: How much responsibility will be placed on social housing providers to protect vulnerable adults?

Social housing providers often face difficulties when faced with tenants who need care and support. Landlords have to ensure that tenants are complying with tenancy terms and do need to take appropriate action when faced with tenancy breaches. But in situations when breaches are caused by tenants who clearly need a level of care and support, persuading partner agencies to assist can be difficult.

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Proportionality and the Equality Act 2010 s.15.

'Proportionality' discussions have been a regular feature in housing-related cases over recent years and the subject has again come to the fore in a recent case before the Court of Appeal, with the focus being on whether the need to demonstrate proportionality under the Equality Act 2010 requires the same approach as the Article 8 ECHR 'proportionality' defence.

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Possession obtained - but what about belongings left behind?

Following the recent Da Rocha-Afodu & Anor v Mortgage Express Ltd & Anor Court of Appeal, this article explores how the case derived from a mortgage possession claim and the effect it has on mortgagees.

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Property Tribunal Functions Transferred to First-Tier Tribunal

1 July 2013 saw the functions of some property tribunals transferred to the First-tier Tribunal under the Transfer of Tribunal Functions Order 2013 (SI 2013/1036) ("the Order").

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Proportionate Trespassing: Manchester Ship Canal Developments Ltd and Peel Investments Ltd v Persons Unknown

The Court has recently held that Article 8 of the European Convention on Human Rights is capable of being engaged in possession claims brought by private landowners against trespassers.

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Property Litigation covers a real variety of work and the cases we work on are invariably interesting and give us the opportunity to work with our clients to achieve their commercial goals.

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Meet the team