Experts in commercial property litigation and dispute resolution
Blake Morgan is an expert commercial property disputes law firm specialising in all aspects of property litigation.
We regularly work alongside our property transaction colleagues to resolve potential real estate disputes before they become contentious and carry out risk assessments for their clients where a potential dispute is apparent as well as conduct litigation in the Courts and Tribunals.
Main Areas Of Practice
Our real estate disputes experts strategically advise on all aspects of commercial property which includes opposed and unopposed lease renewals, dilapidations and disrepair, rent reviews, recovery of arrears, early termination of leases by service of break notices, and forfeiture of leases, providing our clients with effective management of their estates as owners or occupiers.
Rights of light and light obstruction notices
Our commercial property disputes lawyers advise developers and landowners regarding compensation payable for loss of light and working, alongside specialist surveyors and insurers. Our team acts and advises on the benefits of registering light obstruction notices to prevent neighbouring landowners obtaining a right to light over your land.
With the introduction of the new Communications Code introduced by the Digital Economy Act 2017, we advise landowners about their rights and control of land and the procedures introduced by the Act where there is a telecommunications operator in situ.
Development, restrictive covenants and overage contract disputes
Whether our commercial property disputes lawyers are working for developers or landowners, we advise about the enforceability of any covenants that affect the land and work alongside our construction colleagues to settle any disputes that may arise about overage payments once a development has been completed.
Insolvency advice to landlords
Unfortunately many tenants experience cash flow difficulties so we work with our landlord clients to put them in the best possible position to prevent rental voids and to secure future rental payments. Such situations require pragmatism, and we often find ourselves advising about a tenant's insolvency including administration or liquidation and the options available to landlords depending on the nature of the insolvency in question.
Our real estate disputes experts advise clients in all types of easement disputes including rights of way, rights to park, rights of access.
We advise on freehold or new lease disputes in the County Court and First-tier Tribunal where the parties are unable to agree the terms of acquisition of them.
Our residential disputes experts advise on long lease breach of covenant issues, in particular concerning landlord's right to forfeit for breaches or other remedies.
Anti-Social Behaviour Injunctions
Our specialist sub-team act for several housing associations to provide advice and pursue legal action in relation to anti-social behaviour issues including serious violence, sexual abuse, racism and harassment, drugs and dangerous weapons.
Our commercial property disputes lawyers provide advice and representation to commercial property owners and occupiers including developers, landlords, estate owners, charities, NHS operators, university colleges, corporate clients.
"The team that works for us is very impressive - very cost-effective and responsive."
- Chambers and Partners, 2020
"Siân Jones is praised by her clients for her 'solid technical knowledge and sound problem-solving skills'. She is particularly noted for her activity in development disputes. She is instructed by a wide range of public sector clients and major commercial clients."
- Chambers UK A Client's Guide to the Legal Profession, 2019
"Claire Lamkin is an experienced litigator and a great person to call upon when faced with a property dispute. The service provided is first class. The property litigation lawyers we work with are very conscientious and provide advice very promptly. This allows the charity to respond quickly where time is of essence in order to achieve positive outcomes. Practical solutions are always suggested where appropriate and this is invaluable to the charity when quick and effective solutions are required."
- Mr J, In-house Counsel, Charitable Organisation
"She [Zoe Wright] is excellent and always has been … speedy, practical and full of good advice."
- Chambers & Partners UK, 2019
Advising and representing a national housing association in the First-tier Tribunal responding to a management company's application for dispensation from the section 20 consultation process in respect of one of its residential buildings regarding the replacement of cladding before the application was subsequently withdrawn.
Acting for a charitable trust in the eviction of a commercial tenant for rent arrears and other breaches of the lease and successfully defending the tenant's application for relief from forfeiture in the County Court which decision the tenant tried to appeal to the Court of Appeal.
Acting for a land owner to terminate a commercial lease in time for a multimillion pound sale completion with a well-known developer. The tenant, a car showroom, failed to vacate at the date of termination. We had to advise on and arrange for the removal of 150 cars in time for completion of the sale.
A Supreme Court ruling on a breach of an absolute covenant should serve as a warning to landlords. On 6 May 2020, the Supreme Court passed down their decision in...Read More
Blake Morgan has successfully applied for an injunction against someone who was purposefully disobeying the current social distancing regulations put in place to prevent the spread of coronavirus (COVID-19). On...Read More
The retail industry is reporting that certain landlords are attempting to circumvent the COVID-19 three month prohibition on forfeiture for non-payment of rent, by issuing their tenants with statutory demands...Read More
Due to the current coronavirus pandemic, many people are now working from home and so there is an increased need to sign documents electronically. The Law Society and the City of...Read More
We look at claims for possession of residential property where tenants are affected by the coronavirus. The government issued a press release on 18 March 2020 announcing it will bring...Read More
In the case of Mayor and Burgess of the London Borough of Bromley v Persons Unknown and others  EWCA Civ 12 ("the Bromley Case"), the Court of Appeal held...Read More