Property disputes

Types of dispute

RWS can assist with:

• commercial and residential property disputes;
• landlord and tenant disputes;
• possession;
• forfeiture;
• rent arrears;
• service charges;
• disrepair;
• dilapidations;
• break clauses;
• lease renewals;
• breach of covenant;
• ownership and occupation disputes; and
• property damage.

What I want to see first

Before advising on the merits or strategy, I would normally want to see:

• the lease or tenancy agreement;
• title documents, where relevant;
• notices served by either party;
• correspondence between the parties;
• payment records;
• photographs of the property;
• any surveys, reports or schedules of condition; and
• a chronology of events, if one exists.

Frequently asked questions

• Can a landlord simply terminate a lease?

  The position depends on whether the business tenancy has statutory renewal protection. A protected tenancy is subject to the Landlord and Tenant Act 1954 procedure; a tenancy validly contracted out under section 38A may end at expiry without a statutory ground for opposing renewal. Break clauses, forfeiture, surrender and holding over involve separate questions. The lease and the tenancy's status should be checked before advising on termination.

  Forfeiture requires a valid section 146 notice under the Law of Property Act 1925 in most cases, with statutory exceptions including non-payment of rent. The tenant may have the right to apply for relief. A landlord who acts without following the correct procedure may face a claim for unlawful eviction or wrongful forfeiture.

• What happens if a break notice is disputed?

  Break clauses are frequently litigated because the conditions attached to them are often strict. A break notice may be invalid if it was served on the wrong party, served too early or too late, or if the tenant failed to satisfy a condition — such as giving vacant possession or paying all sums due — by the break date.

  Whether a break has been validly exercised depends on the precise wording of the clause and what actually happened. I can review the clause, the notice and the surrounding circumstances and give a view on the strength of the position.

• Can service charges be challenged?

  Yes. Residential tenants have statutory rights to challenge service charges before the First-tier Tribunal (Property Chamber). Commercial tenants have fewer statutory protections, but the lease itself will usually define what can and cannot be recovered, and charges outside those limits may be unenforceable.

  Common issues include charges for works not covered by the lease, failure to consult before major works, and disputes about the reasonableness of costs. The starting point is always the lease and the relevant accounts.

• What if there is serious disrepair?

  Repairing responsibility may arise from the agreement and applicable statutory duties, including sections 9A and 11 of the Landlord and Tenant Act 1985 where they apply. A landlord in breach of a repairing covenant may be liable in damages; a tenant in breach may face a dilapidations claim at the end of the term or during it.

  Serious disrepair can give rise to claims or other remedies, but does not create a general safe right to stop paying rent. Obtain advice before withholding rent because arrears may expose you to further action. Any claimant assistance must also fall within RWS's permitted regulatory scope. Expert evidence from a surveyor is often required to establish the extent and cause of the disrepair and the cost of remediation.

• When may expert evidence be required?

  Expert evidence is commonly required in property disputes where the condition of the property is in issue — for example, in dilapidations claims, disrepair disputes and cases involving alleged property damage. A surveyor or building expert will typically be needed to assess the physical condition and attribute responsibility.

  Valuation evidence may also be required where the quantum of a claim depends on the value of the property or the cost of works. Where a valuation assessment is needed, a qualified valuer should be instructed. I can help identify what expert evidence is likely to be needed and assist in preparing the instructions.

• Can RWS help if proceedings already exist?

  Yes. RWS can assist with case analysis, strategy, evidence and preparation even where proceedings are already underway. This includes reviewing what has been filed, identifying the key issues and helping to prepare for hearings or negotiations.

  RWS does not conduct litigation or appear on the court record. Where proceedings are active, RWS works alongside the client and, where instructed, alongside solicitors or counsel who are on the record. Any proposed working arrangement must be assessed before it begins.