Property litigation

“Blake Morgan is excellent for property litigation”

The Legal 500 UK 2015
Property disputes can be some of the most sensitive and important issues an organisation will face, threatening core operations and profitability. With over 20 specialist lawyers across 4 locations our property litigation group is one of the largest in the country, offering our clients real strength and expertise in resolving disputes quickly and effectively.

Main areas of practice

We help organisations across all of the key sectors in which the firm excels, both with their own premises and with properties which they invest in, develop or let to others. This includes management of disputes across retail and residential portfolios, problems with developments, dilapidations claims, rent reviews or insolvency situations. We have particular expertise in the social housing, retail and leisure, development, charities, government and banking sectors.

We work closely with other specialists in real estate, planning, environment, construction and insolvency to provide comprehensive solutions. And whilst going to court is often the last resort, we have extensive experience at all levels of courts and tribunals, and in mediation and other forms of dispute resolution. 

Our work includes:

  • Business tenancies and asset management including advice on lease renewals, dilapidations, rent reviews, rent and service charge disputes, break notices and trespassers.
  • Defaulting or insolvent tenants including claims for breach of covenant, possession and forfeiture, claims against former tenants and guarantors, 'distress', and advising on all forms of tenant insolvency.
  • Land contracts including disputes about conditional contracts, options and overage.
  • Development - rights of light, preparing and implementing vacant possession strategies, advice on restrictive covenants and access arrangements.
  • Professional negligence - claims against solicitors, accountants, valuers and other professional arising out of property transactions.
  • Residential property - lease extensions, collective enfranchisement, residential possession claims, party wall, trespass and boundary disputes and property management including service charge disputes and rent recovery.

Clients

The Property Litigation team is regularly called upon to advise or act for a wide range of corporates, investors and asset management companies, retailers, residential landlords and individuals. Examples of clients we represent include:

Canary Wharf Group Rank Group Plc
Premier Marinas Limited The National Trust
DAS Legal Expenses Insurer Oxfam
Government departments and agencies British Red Cross
Colt Group Limited Oxford Colleges
Costa Limited Bridgend County Borough Council
Snell Limited Merthyr County Borough Council
David Lloyd Leisure HSBC
Southern Co-operatives Limited Crabtree & Evelyn
De La Rue International Limited Natural Resources Wales
Molton Brown Charles Tyrwhitt

Significant experience

Examples of our work include:

  • Preparing and working with a developer to implement a vacant possession strategy to allow a significant development to proceed.
  • Acting for landlords and tenants in substantial dilapidations claims.
  • Advising a tenant in a multi-million pound dispute regarding the negligence of its expert appointed pursuant to an option agreement.
  • Advising a developer on a rights of light dispute concerning a major proposed student housing development.
  • Acting for a tenant in a multi-million pound dispute with its landlord for breach of covenant.

“Blake Morgan are very good, I have no hesitation in recommending them”

Chambers UK A Client's Guide to the Legal Profession 2016

“They have good communication skills, with practical application of the law, and they think ahead in terms of strategy.”

Chambers UK A Client's Guide to the Legal Profession 2015

Related expertise

Main contacts

Related Knowledge & Resources

Blake Morgan acts in crucial Court of Appeal parking permits case: R (Khodari) v RBKC

News

This case looks at the lawfulness and enforceability of the inclusion of "permit-free" obligations within Section 106 Agreements which seek to restrict future occupants from applying for a permit to park on the highway.

A person's right to rent

News

The changes coming into force in England as of 1 February 2016 which introduces a "Right to Rent" scheme will affect landlords and managing agents. Here is what the new changes will include.

Latest edition of Private Client Issues

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Our magazine for private individuals and their families has recently been published.

To Airbnb or not to Airbnb? New case law

As a consequence of the recent change in the planning law within London, there has been a reported increase in property owners using Airbnb or similar sites to make income from their properties.

To Airbnb or not to Airbnb? Short term renting of London homes

The money to be made on holiday rental sites is causing problems for London's residential landlords.

No Refunds?! Why the Supreme Court refused Marks & Spencer rent repayment after lease breaks

No refunds? As many people think about returning their itchy Christmas jumpers, some are wondering why, when it comes to property, refunds are not always available for unwanted and unused services.

Landlords' consent: when can landlords refuse for fear of enfranchisement?

A recent case has updated the law on refusing consent (to assign, sublet, change use etc) on the basis that the tenant might acquire the freehold: it will be harder to do so in some modern leases.

Rights to Light update: How your behaviour with neighbours will impact your risk of an injunction

A recent decision of the Court of Appeal is a stark example of the effect conduct has on the court's discretion to grant an injunction.

Longer red tape for landlords

If you manage a block with residential tenants, make a note that your next service charge consultation might be much more complicated.

Failing school revived

Members of our Restructuring and Insolvency, Charities and Education, Built Environment and Property Litigation recently acted on a sale to rescue a well-established independent school from the brink of closure.

CarePlaces Fund

We acted for the Fund in a further two care home projects and a development of 15 close care flats.

Welsh Government - Property

We have acted for Welsh Government since devolution in 1999.