Experts in commercial property litigation and residential disputes
Blake Morgan is an expert commercial property disputes law firm specialising in residential and commercial 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.
Our experts in real estate disputes act in evicting unlawful occupiers/trespassers of property and react quickly and efficiently to enable you to secure possession.
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.
Our Residential Property Disputes team acts for landlords in County Courts to obtain possession from their tenants (in occupation under common law tenancy agreements or statutory tenancies) and licence, working closely with property managing agents where appropriate.
Managing tenant issues
Our team of residential property dispute lawyers act for landlords and tenants in a wide range of disputes relating to property condition, rent arrears, deposit protection and breach of tenancy terms.
Jointly owned property
We advise on disputes between property owners concerning the management or sale of jointly-owned property.
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.
Preparation of Assured Shorthold Tenancies
As our expert residential property disputes lawyers are used to dealing with AST disputes, we carefully draft or advise on pre-drafted tenancy agreements to eliminate common problem areas.
Service charge recovery and section 20 consultations
We help landlords to recover service charge arrears and assist tenants to challenge service charge demands they receive, in the First-tier Tribunal. We are experienced in supporting section 20 consultations for both Qualifying Works and Qualifying Long Term Agreements and more recently have been involved with the issue of liability for the costs of replacement of cladding on several mixed use buildings, together with advising on the use of "Waking Watch" services. We also act in seeking dispensation for developers in respect of the section 20 consultation procedure.
Adverse possession and boundary disputes
Our expert team represents parties claiming and defending adverse possession and encroachment and in boundary disputes where it is often imperative that early settlement is considered.
Often associated with right of light actions, our expert property dispute lawyers are experienced in advising about party wall matters and appeals of party wall awards.
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.
We conduct and advise on possession proceedings for rent arrears or breach of tenancy, disrepair claims, anti-social behaviour injunctions including Powers of Arrest and Exclusion Orders, undertakings and committal applications.
We provide advice on forfeiture of both commercial and residential leases, injunctions for access, neighbour disputes and various breaches of the lease. We advise on and pursue action on behalf of clients with land and parking disputes, service charges or management charges in the First-tier Tribunal, County Courts and High Court.
Our commercial property disputes lawyers provide advice and representation to commercial and residential property owners and occupiers including developers, landlords, tenants, estate owners, charities, NHS operators, university colleges, corporate and individual clients including those with property based professional negligence claims.
"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.
Failure to provide Gas Safety Certificate before Residential tenancy occupation prevents possession claims
Two recent cases have confirmed that, in England, a residential landlord who fails to provide to his tenant a gas safety certificate in respect of any supply of gas to...Read More
In a recent unreported case in the County Court at Central London (Sajid v Nuur, 30 July 2018), a claimant (landlord) had brought a claim against a defendant (a former...Read More
A recent High Court decision has highlighted not only the power of punctuation, but the need for tenants to take proactive legal action when they wish to terminate their lease...Read More
When you have a leaseholder who doesn’t pay the obvious thing to do would be to send them a legal letter (letter before action) with the demand and request payment. ...Read More
This article deals with: 1. The problem of delays in the court system for landlords of AST (Assured Shorthold Tenancy) tenants who have a court order for possession and want...Read More