Property Dispute Lawyers

Yes, we offer free initial consultations to clients during which you will discuss your property related legal issue or concern with one of our expert lawyers to determine the scope of the issue, the solutions and how we may be able to assist in achieving the best outcome for you.

Our expert lawyers are experienced in both contentious and non-contentious property related issues and will be able to provide you with expert advice on your concern. Please do not hesitate to book a free initial consultation with one of our lawyers today.

Property litigation in the UK can arise from a diverse range of issues. Some of the most common issues include:

• Boundary Disputes: When neighbours disagree on where one property ends and the other begins. This is a common issue when someone encroaches on your land and the boundary line between the parties is the subject of dispute. Our experienced property lawyers have extensive experience in successfully defending and pursuing boundary disputes.
• Landlord and Tenant Disagreements: These can relate to rent arrears, evictions, breach of lease terms, or deposit disputes. Our expert lawyers have acted for both landlords and tenants, and understand the provisions of the Landlord and Tenant Act 1985 and the Housing Act 1988 in depth. We have extensive experience with Section 21 notices and possession claims and Section 8 notices and both the mandatory and discretionary grounds for possession.
• Restrictive Covenants: Challenges arise when an agreement restricts the use of a property in a manner deemed unfair or obsolete. Our expert lawyers can navigate any technical issues around restrictive covenants.
• Rights of Way or Easements: Disputes concerning access to property or shared facilities.

Case Example: In a recent case our lawyers handled, we represented a client in a boundary dispute involving a historical wall. Through detailed land registry analysis and expert surveyors’ reports, we secured a favourable outcome through litigation for our client, protecting our client’s property rights and the value of their land. Our lawyers are also regularly instructed by clients with possession disputes.

Our expert lawyers are experienced in both contentious and non-contentious property related issues and will be able to provide you with expert advice on your concern. Please do not hesitate to book a free initial consultation with one of our lawyers today.

Mediation is an alternative dispute resolution method that involves an impartial third party, the mediator, assisting disputing parties to find common ground and reach a mutually agreeable solution. The advantages include:

• Cost-Effectiveness: Often, mediation is less expensive than going to court.
• Speed: Solutions can be found more quickly compared to traditional litigation.
• Flexibility: Parties have more control over the outcome and can find creative solutions.
• Confidentiality: The process is private, allowing parties to avoid public courtroom battles.

Case Example: In a complex landlord-tenant disagreement on a commercial property our property lawyers facilitated mediation which enabled both parties to understand the core issues and agree on a lease modification, thereby preserving their long-term business relationship.

We regularly represent our clients at mediations often leading to early settlements. Several of our lawyers are also trained mediators and are also registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute (IMI). If you have a property issue, please do not hesitate to book a free initial consultation with one of our lawyers today.

Pursuing a boundary dispute via litigation involves several stages:

• Pre-action Protocol: This involves early communication between parties to outline claims and see if the dispute can be resolved without court action.
• Claim Form Submission: If no amicable resolution is reached, the claimant can file a claim form detailing the dispute specifics.
• Evidence Gathering: Both sides collect evidence, which might include expert witness statements, like from surveyors.
• Court Hearings: A judge will consider all evidence and provide a ruling.

Case Example: Our firm recently represented a client in a boundary dispute where a neighbour built an extension encroaching on our client’s land. After evidence gathering and a robust court representation, the judge ruled in our client’s favour together with costs, ordering the removal of the encroaching structure.

Please do not hesitate to book a free initial consultation with one of our lawyers today.

A Section 21 notice, commonly referred to as a ‘no-fault’ eviction notice, is a legal document used by landlords in England and Wales to regain possession of their property at the end of an assured shorthold tenancy or during a periodic tenancy without the need to prove any fault on the tenant’s part. The name “Section 21” originates from Section 21 of the Housing Act 1988.

Our expert lawyers are experienced in both contentious and non-contentious property related issues and will be able to provide you with expert advice on your concern. Please do not hesitate to book a free initial consultation with one of our lawyers today.

Before serving a Section 21 notice, landlords must ensure the following:

• Tenancy Deposit Protection: Any deposit taken from the tenant must have been protected in a government-approved deposit protection scheme, and the prescribed information related to it should have been given to the tenant.
• Required Documentation: Tenants should have received mandatory documents, including a copy of the ‘How to Rent’ guide, an up-to-date Energy Performance Certificate (EPC), and a Gas Safety Certificate.
• Retaliatory Evictions: A Section 21 notice cannot be used in retaliation to a tenant’s complaint about the property’s condition, which might be termed a “retaliatory eviction”.
• Timing: The notice cannot be issued within the first four months of the initial fixed term of the tenancy.

Case Example: Our lawyers once dealt with a case where a landlord, unaware of the changes in regulations around deposit protection, faced complications in eviction. By ensuring compliance and guiding the client through the correct procedure, we helped achieve a successful resolution.

Navigating the prerequisites for a Section 21 notice can be complex. To ensure you are fully compliant, reach out to our expert property lawyers for a free consultation today.

The notice period for a Section 21 eviction has varied over recent years, primarily in response to the COVID-19 pandemic where it was extended to 6 months’ notice. However, landlords are required to give tenants a minimum of two months’ notice.

Timelines are crucial when it comes to evictions. Do not risk making an error with your Section 21 notice period. Get in touch with our expert property lawyers for a free consultation and ensure you are on the right track.

A Section 8 notice, formally known as a “Notice Seeking Possession”, is a legal document that a landlord can serve to a tenant when they wish to terminate the tenancy due to specific breaches, most commonly rent arrears. It is named after Section 8 of the Housing Act 1988.

When serving a Section 8 notice, the landlord must specify one or more of the 17 ‘grounds for possession’ detailed in the Housing Act. These grounds cover a range of circumstances, from rent arrears and damage to the property to the landlord wanting to move back in. Some grounds are mandatory, meaning that if proven, the court must grant possession, while others are discretionary.

For example, if a tenant is in arrears of rent for two months or more (both at the time of serving notice and the hearing), the landlord can cite this as a mandatory ground. If the court agrees that the criteria for this ground are met, they will grant a possession order in favour of the landlord.

It is crucial for landlords to be precise when specifying the grounds in a Section 8 notice. If they are not, the tenant might successfully challenge the notice, causing delays or preventing the landlord from regaining possession.

Case Example: We once advised a landlord client who served a Section 8 notice based on rent arrears. The tenant challenged the notice, claiming a lesser amount was owed than stated. Our legal team meticulously reviewed the tenancy agreement, payment records, and communication logs, demonstrating that the arrears had reached the threshold for a mandatory ground. The court granted a possession order in favour of our client, underscoring the importance of precision and robust evidence when serving such notices. Our client was also able to obtain a costs order in his favour.

Navigating property law, especially when it involves eviction, requires precision and expertise. If you have questions about Section 8 notices or any other property-related concern, contact our seasoned property lawyers for a free consultation.

A Section 8 notice is distinct from Section 21 in its nature and grounds. While Section 21 is a ‘no-fault’ eviction process, Section 8 is used when a tenant has breached the terms of their tenancy agreement. For a Section 8 eviction, the landlord must provide specific reasons or “grounds” for the eviction, as detailed in Schedule 2 of the Housing Act 1988. Common grounds include rent arrears, damage to the property, and nuisance behaviour.

Case Example: Recently, we represented a landlord whose tenants consistently violated the terms of their lease by creating loud disturbances and causing damage to the property. Leveraging a Section 8 notice based on these breaches, we secured a favourable court judgement and a possession order.

Understanding the distinctions between Section 8 and Section 21 notices is crucial for any landlord. Let our expert property lawyers guide you through the differences. Contact us now for a free consultation.

Under the Housing Act 1988, there are both mandatory and discretionary grounds on which a landlord can seek possession of a property using a Section 8 notice. In particular:

Mandatory Grounds – If any of these grounds are proven in court, the judge must grant a possession order:

1. Ground 1: The landlord or their spouse lived in the property before the current tenancy and wants to return to live there.
2. Ground 2: The property is subject to a mortgage, and the lender wants to sell it to recover the loan.
3. Ground 3: The tenancy is a fixed-term of less than eight months, and previously it was a holiday home.
4. Ground 4: The property is let to a student for a fixed term, and the landlord wants it back out of term time.
5. Ground 5: The property is connected to a religious institution, and the landlord wants it for an incoming minister of religion.
6. Ground 6: The landlord wants to demolish or reconstruct the property, or undertake significant works, and needs possession to do so.
7. Ground 7: The tenant inherited the tenancy (under a will or intestacy) but had no right to succeed because the original tenant died.
8. Ground 7A: The tenant, a member of the tenant’s household, or a visitor to the property has been convicted of a serious offence.
9. Ground 7B: The Home Secretary has decided to deport the tenant due to criminal activities.
10. Ground 8: There are rent arrears. This can be invoked when:

• At the time of serving the notice and at the time of the court hearing, there’s at least two months’ rent unpaid (for monthly payers) or
• At least eight weeks’ rent is unpaid for weekly payers.

Discretionary Grounds – The court may grant a possession order if they deem it reasonable to do so:

1. Ground 9: Suitable alternative accommodation is available for the tenant.
2. Ground 10: Some rent was unpaid both when the landlord served the Section 8 notice and when they started possession proceedings.
3. Ground 11: The tenant has persistently delayed paying rent, even if they’re not in arrears when the possession claim starts.
4. Ground 12: The tenant breached any other obligations of the tenancy agreement.
5. Ground 13: The property’s condition has deteriorated due to neglect by the tenant or a member of their household.
6. Ground 14: The tenant, someone living with them, or a visitor has caused nuisance or annoyance, or been involved in criminal activity.
7. Ground 14A: The property is occupied by a couple, and one of them has left because of violence or threats from the other partner.
8. Ground 15: The condition of the furniture in the property has deteriorated because it’s been ill-treated by the tenant or a member of their household.
9. Ground 16: The property was provided due to the tenant’s employment, but they’re no longer employed in that job.
10. Ground 17: The landlord was induced to grant the tenancy based on false information given by the tenant or on their behalf.

Case Example: A landlord approached our lawyers because a tenant had consistently been late in paying rent (Ground 11) and had also caused damage to the property beyond normal wear and tear (Ground 13). By providing a comprehensive record of the rent delays and evidence of the property’s damage, the landlord was able to successfully obtain a possession order. This case underscores the importance of maintaining detailed records and documentation when dealing with tenancy issues.

Every ground for possession has its intricacies and specific criteria. Let our expert property lawyers help you determine the best course of action for your unique situation. Reach out for a free consultation today.

Section 8 notices can be issued on various grounds detailed in the Housing Act 1988. Some common grounds in our experience include:

• Rent Arrears: The tenant has not paid rent for a specific period, typically two months or more.
• Damage to Property: The tenant or someone living with them has caused damage to the property or its contents.
• Nuisance: The tenant is causing a nuisance or annoyance to neighbours.
• Breach of Tenancy Agreement: The tenant has broken one or more terms of their tenancy agreement, excluding non-payment of rent.

Case Example: In a previous case we managed, a landlord faced significant rent arrears accumulated over six months. By serving a Section 8 notice on the grounds of persistent delay in rent payments, we secured a possession order, ensuring the landlord regained control of his property.

Serving a Section 8 notice requires careful consideration of the grounds and ensuring all legal protocols are followed. Consult our expert property lawyers to guide you through the process and get a free consultation.

If a tenant fails to vacate the property after the notice period expires, the landlord has the legal right to seek a possession order from the court. This formal process involves submitting a claim, after which the court will set a hearing date. If the court rules in favour of the landlord, it will issue a possession order, which typically provides the tenant with 14 to 28 days to leave. If the tenant still refuses to leave, the landlord can then apply for a bailiff or a High Court enforcement officer to forcibly evict the tenant.

Case Example: Our lawyers represented a client where the tenant ignored both a Section 21 and a Section 8 notice. After pursuing the matter in court, we obtained a possession order. When the tenant remained in the property beyond the date specified in the order, we coordinated with bailiffs to ensure a lawful eviction, ultimately restoring the property to our client’s possession.

Dealing with a tenant who refuses to vacate can be legally complex. If you are facing such a situation, contact our experienced property lawyers for a free consultation and let us guide you through the next steps.

A solicitor plays a crucial role in a property repossession or eviction scenario. Their involvement ensures that the process follows the legal framework, minimizing potential disputes or challenges:

• Legal Knowledge: They understand the intricate legal requirements for both Section 21 and Section 8 notices, ensuring notices are correctly drafted and served.
• Guidance on Grounds: A solicitor can advise on which grounds for eviction (for Section 8) are the most applicable and have the highest likelihood of success.
• Preparation for Court: If the eviction goes to court, a solicitor can prepare the necessary documentation, witness statements, and evidence. They can also represent the landlord in court.
• Dispute Avoidance: Often, with the involvement of a legal professional, tenants are more likely to comply or negotiate, knowing that the eviction process has been handled properly.

Case Example: In a case we handled, a landlord attempted to evict a tenant without proper legal counsel. The tenant challenged the eviction due to errors in the Section 21 notice. Once our solicitors stepped in, we ensured a correctly served notice and facilitated a smoother eviction process, avoiding further court complications.

At Go Legal, our property lawyers are adept at handling repossession and eviction scenarios with precision and care. Reach out for a free consultation and let us pave the way for a smoother legal process.

The duration and cost of possession proceedings can vary significantly based on several factors:

• Duration: A straightforward case, where there are no disputes or complications, typically takes between 2 to 4 months from serving notice to gaining possession. However, if the tenant disputes the eviction, the process can extend longer.
• Cost: The average cost, excluding potential rent arrears or property damages, can range between £800 to £2,000 or more, depending on the complexity of the case, legal fees, court fees, and potential bailiff charges. We have extensive experience in these disputes and are able to agree fixed fee packages for our clients.

Understanding the costs and time frames of possession proceedings can be crucial to your decisions. Consult our expert property team for a free consultation to gain clarity on the intricacies of the UK court process.

Property possession disputes are typically resolved through:

• Negotiation: Before resorting to formal proceedings, many issues can be settled through negotiation between the parties, possibly resulting in payment plans or other solutions.
• Mediation: An impartial third party helps both sides come to an agreement without the need for court action.
• Formal Legal Action: If other methods fail, landlords can begin formal possession proceedings in court. The court will review the evidence, hear both sides, and decide regarding possession.
• Appeals: If either party disagrees with the court’s decision, they may have the right to appeal, although this can prolong the process and increase costs.

Case Example: A tenant approached us after receiving a Section 8 notice. They believed they were being unfairly evicted, especially since repair needs in the property were not addressed, leading to potential rent withholding. Our solicitors mediated between the landlord and the tenant, resulting in an amicable solution without court involvement: the landlord agreed to make the necessary repairs while the tenant set up a payment plan to address arrears.

Resolving property possession disputes requires nuanced legal knowledge. If you are embroiled in such a situation, get in touch with our property law specialists for a free consultation to explore your resolution options.

Unlawfully evicting a tenant can lead to serious consequences for landlords:

• Criminal Offence: Unlawful eviction, often termed as “illegal eviction”, can be a criminal offence. Landlords might be prosecuted and, if found guilty, can face hefty fines or even imprisonment.
• Civil Claims: Tenants can pursue civil claims against landlords for illegal eviction. They might be awarded damages for the distress caused, any financial loss experienced, and potentially even punitive damages if the court deems the eviction particularly egregious.
• Rent Repayment Orders: In certain cases, tenants might be able to reclaim up to 12 months of rent if they have been unlawfully evicted from a property.
• Compromised Future Proceedings: Landlords might find future legitimate eviction attempts compromised if they have previously acted unlawfully.

Unlawful eviction carries significant consequences. If you are a landlord seeking clarity or a tenant facing unfair eviction, contact us for a free consultation with our property lawyers to understand your rights and responsibilities.

The conveyancing process primarily deals with the transfer of property ownership. If a property being sold is occupied by a tenant, certain considerations must be made:

• Existing Tenancies: If the property is sold with a sitting tenant, the new owner takes on the role of landlord and must honour the existing tenancy agreement. Any attempt at possession must follow the agreed terms or legal routes like Section 21 or Section 8.
• Delay in Vacant Possession: If the tenant does not vacate as agreed upon sale, it can delay the completion of the conveyancing process. It is vital that possession timelines are clearly communicated and legally enforced if necessary.

The conveyancing process can have intricate effects on possession timelines. Ensure you are informed. Consult with our property experts for a free consultation to navigate the complexities of possession and conveyancing.

Challenging or enforcing property covenants involves:

• Legal Review: Determine the covenant’s validity, its exact terms, and if it is binding.
• Negotiation: Before any legal action, it is often beneficial to negotiate with the other party.
• Application to the Lands Tribunal: If a covenant is seen as outdated or unfair, an application can be made to the Lands Tribunal for modification or discharge.

If a covenant is being breached, those with the benefit of the covenant can take legal action. This might involve seeking damages or an injunction against the breaching party.

Case Example: We represented a client who wished to convert their property into multiple flats. However, a decades-old covenant restricted the property to single-family use. Recognising the covenant’s age and considering the area’s current housing demand, we successfully petitioned for its modification, allowing the client to proceed with their plans.

Property covenants can be a legal minefield. If you believe a covenant affecting your property is unjust or outdated, reach out to our property law team for a free consultation. Let us guide you in challenging or enforcing it effectively.

Commercial property lease agreements are binding contracts that set out the rights and responsibilities of both landlords and tenants. If either party breaches the terms, the non-breaching party has several legal avenues they can explore including in our experience:

1. Negotiation: Before resorting to formal legal routes, it is often advisable for both parties to engage in discussions, potentially with legal representatives present, to understand the nature of the breach and find a mutual resolution.
2. Alternative Dispute Resolution (ADR): Methods like mediation or arbitration can be used to settle disagreements without heading to court. These processes involve a neutral third party assisting the parties in reaching a resolution. Many of our expert property lawyers are also trained mediators.
3. Serve a Notice: Depending on the nature of the breach, the non-breaching party might serve a notice to remedy the breach. This is particularly common in situations where tenants are in arrears with rent.
4. Seek Damages: If the breach has resulted in a financial loss, the non-breaching party can sue for damages. For example, if a tenant breaks a lease term causing damage, the landlord might seek compensation.
5. Injunction: If the breach is ongoing, the non-breaching party might seek an injunction. This is a court order which compels a party to do (or stop doing) a specific act.
6. Forfeit the Lease: In cases of serious breaches by the tenant, the landlord might have a right to forfeit the lease, effectively ending it. However, this is a drastic step and typically requires clear grounds as specified in the lease.
7. Dilapidations Claims: At the end of a lease term, if the tenant hasn’t maintained the property as agreed, the landlord can make dilapidations claim, seeking compensation for the cost of repairs.

Case Example: In one case our lawyers handled, a tenant of a commercial property had made unauthorised structural alterations. The landlord sought our advice on remedying the situation. After serving a notice to the tenant to revert the changes, and with no adequate response, legal proceedings were initiated. The court ruled in favour of our client, ordering the tenant to restore the property to its original state and compensate the landlord for associated losses.

If you believe there has been a breach in your commercial property lease agreement, it is crucial to act swiftly and seek expert guidance. Contact our property law experts for a free consultation to understand your rights and the best course of action.

Terminating a commercial lease before its end date is a significant step, and the ability to do so will depend on the terms of the lease and the circumstances leading to the decision. The main considerations are:

1. Break Clauses: The lease might have a break clause, allowing either the landlord or the tenant (or both) to terminate the lease on specific dates or under certain conditions. It is crucial to follow any conditions related to the break clause strictly, such as giving the correct notice period or ensuring there are no rent arrears.
2. Negotiation with the Landlord: Even if there is no break clause, it is possible for a tenant and landlord to mutually agree to end the lease early. Such an agreement should be documented in writing, and the parties might negotiate terms such as a financial settlement.
3. Assignment or Subletting: Depending on the lease terms, a tenant might be able to assign the lease to another party or sublet the property, effectively passing on the responsibility while still holding ultimate responsibility under the original lease.
4. Surrender: This is where the tenant and landlord mutually agree to end the lease. It can be done formally, with a deed of surrender, or informally, through actions that show both parties accept the lease has ended.
5. Breach by Landlord: If the landlord has breached the lease’s terms, the tenant might have grounds to terminate it early. However, this can be complex and typically requires legal advice.

Potential Consequences:

1. Financial Costs: A tenant terminating early might be liable for the remaining rent for the lease term, unless the lease has a break clause or there is a mutual agreement with the landlord. Some landlords might demand a penalty or compensation.
2. Dilapidations: The landlord may claim for dilapidations, requiring the tenant to return the property in a specific state or pay for any repairs or alterations.
3. Legal Disputes: If there is a disagreement over the early termination, it could lead to legal proceedings, incurring additional costs and potential damage to reputation.
4. Reputational Impact: Terminating a lease early, especially if it leads to a dispute, might affect the tenant’s reputation in the business community.

Case Example: Our firm represented a tenant wishing to terminate their lease early due to a downturn in their business operations. The lease had no break clause. We negotiated with the landlord and reached a settlement where the tenant paid a lump sum representing only 40% of the remaining lease to exit the lease early, avoiding the full remaining rent and potential litigation costs.

Considering ending a commercial lease early? It is imperative to understand the implications fully. Reach out to our property lawyers for a free consultation and get clarity on your situation.

A solicitor can provide crucial assistance in landlord and tenant disputes by:

• Offering Legal Advice: Helping you understand your rights, obligations, and the potential consequences of various courses of action.
• Negotiation: Acting as an intermediary to facilitate a resolution without resorting to court.
• Drafting Legal Documents: Preparing notices, agreements, or court applications to ensure they are legally sound.
• Representing in Court: Should the dispute escalate; a solicitor will represent your interests in court proceedings.

Navigating landlord and tenant disputes can be challenging. Lean on our expertise in property law for guidance. Schedule a free consultation with our team to discuss your specific dispute and the way forward.

Addressing property negligence or misrepresentation may involve:

• Mediation: An initial, non-confrontational approach to find a resolution.
• Claim for Damages: If you have incurred financial loss due to the negligence or misrepresentation, you can pursue a compensation claim.
• Rescission: In extreme cases of misrepresentation, the contract may be set aside, returning parties to their pre-contractual positions.

Misrepresentation or negligence in property dealings can have lasting implications. If you believe you have been misled, consult our property law specialists for a free consultation. We will help you understand your rights and the potential remedies available.

The stages of a property litigation case typically include:

• Pre-action Protocol: Early communication between parties to try and resolve the dispute without court intervention.
• Issue of Proceedings: If no resolution is achieved, the claimant files formal court proceedings.
• Disclosure: Both parties disclose relevant documents to the case.
• Exchange of Evidence: This includes witness statements and expert reports, if necessary.
• Trial: If no settlement is reached, the case proceeds to trial where a judge hears arguments, reviews evidence, and delivers a judgment.
• Enforcement: Post-judgment, there may be steps to enforce the court’s decision if one party does not voluntarily comply.

Navigating a property litigation case can be intricate. To understand every stage and ensure your interests are represented, contact our property litigation experts for a free consultation.

A solicitor plays an indispensable role in property repossession or eviction cases by guiding clients through the intricate legal process:

• Legal Advice: A solicitor will evaluate your situation, informing you of your rights, the law’s nuances, and the most appropriate course of action.
• Preparation of Documentation: Accurate and timely paperwork, including serving notices and preparing court documents, is vital. A solicitor ensures all documents are legally compliant.
• Court Representation: If the case proceeds to court, a solicitor will represent and advocate on your behalf, presenting evidence and arguing for a favourable judgment.

Case Example: In a past repossession case, our firm ensured a swift resolution for a landlord client. We served the appropriate notices, liaised with the tenant, and achieved repossession without the need for lengthy court proceedings.

Facing repossession or eviction challenges? Our property law team is here to help. Reach out for a free consultation and ensure your rights are upheld.

A property injunction is a court order compelling an individual or entity to do, or refrain from doing, specific actions relating to a property. It can:

• Prevent Sale or Transfer: To ensure a property is not sold or transferred pending the resolution of a dispute.
• Halt Unauthorised Development: To stop unlawful construction or alterations.
• Prevent Trespass: Stopping unlawful occupation or usage of a property.

If you believe that you need an injunction related to a property matter, do not delay. Consult with our property solicitors for a free consultation to discuss your options and the best way forward.

Yes, there are ADR methods tailored for property disputes:

• Mediation: An impartial mediator facilitates communication between parties, aiming for a mutually agreeable solution.
• Arbitration: A chosen arbitrator hears the case and makes a binding decision.
• Adjudication: Common in construction disputes, an adjudicator offers a swift, albeit temporary, decision.

It is often advisable to explore ADR for property cases when:

• Preserving Relationships: A less adversarial method can maintain ongoing relationships, such as between landlord and tenant.
• Cost and Time Efficiency: ADR can be faster and more cost-effective than court litigation.

Considering ADR for your property dispute? Gain insight into the best approach tailored to your situation by scheduling a free consultation with our expert property law specialists.

The duration of property litigation varies based on complexity and case specifics. However, on average:

• Minor Disputes: Might resolve in a few months.
• More Complex Cases: Can take a year or more, especially if they proceed to trial.

It is worth noting that both parties’ willingness to negotiate or use ADR can significantly expedite resolution.

Timelines can be a crucial factor in property litigation. To get a more precise estimate tailored to your case, reach out to our expert property litigators for a complimentary consultation.

Implications: Breaching restrictive covenants, which are binding conditions governing the use of a property, can lead to legal consequences such as:

• Being sued for damages.
• Being subjected to an injunction to halt or reverse any breach.
• Potential decline in property value due to non-compliance.

Challenging Covenants: Restrictive covenants can be contested by:

• Demonstrating they are obsolete or no longer serve their original purpose.
• Securing agreement from beneficiaries of the covenant.
• Applying to the Lands Tribunal for modification or discharge.

Restrictive covenants can have lasting implications on property usage. If you are facing challenges regarding a covenant, consult our property experts for informed guidance and a free initial discussion.

Navigating such disputes often requires:

• Reviewing property deeds or land registry entries for any explicit rights.
• Seeking legal advice on implied rights or historic use.
• Pursuing mediation to find an amicable solution.
• As a last resort, taking the matter to court.

Easement disputes can be intricate but understanding your rights is paramount. Contact our expert property lawyers for clarity on your situation and a no-obligation consultation.

The key considerations include:

• Eligibility criteria: Ensuring the tenant qualifies based on factors like the duration of ownership.
• Valuation: Determining the cost of extending the lease or buying the freehold.
• Legal compliance: Adhering to specific timelines and procedures.

Whether you are considering extending your lease or exploring enfranchisement, expert guidance is vital. Book a free consultation with our property specialists to understand your rights and the best course of action.

Resolving such disputes typically involves:

• Reviewing co-ownership agreements or joint tenancy contracts for clarity on rights and obligations.
• Mediation or negotiation to reach an agreement.
• As a last resort, a court application to order sale or division of the property.

Co-ownership disputes require a sensitive yet informed approach. For tailored advice on navigating these disagreements, connect with our property law experts for a free initial discussion.

Conveyancing is the legal process of transferring ownership of a property from the seller to the buyer. In the UK, this process involves:

• Instructing a Solicitor: Engage a conveyancing solicitor or licensed conveyancer to handle the legal work.
• Pre-contractual Stage: The seller’s solicitor drafts the contract and provides essential documents. The buyer’s solicitor conducts property searches and reviews the paperwork, raising queries if necessary.
• Exchange of Contracts: Both parties commit to the transaction. A deposit is typically paid by the buyer.
• Completion: The remaining funds are transferred, and ownership is officially changed. Keys are handed over.
• Post-completion: The buyer’s solicitor pays any Stamp Duty Land Tax due and registers the property in the buyer’s name with the Land Registry.

A smooth conveyancing process ensures a hassle-free property transaction. Let our experienced conveyancers guide you every step of the way. Reach out for a complimentary consultation.

When purchasing commercial property, consider:

• Due Diligence: Ensure thorough checks on the property’s title, potential disputes, and any encumbrances.
• Planning Permission: Ensure the property has relevant permissions for its intended use.
• Environmental Assessments: Conduct surveys to check for potential contamination or environmental liabilities.
• Leases: If tenants are in place, review lease terms, ensuring they align with your objectives.

Navigating the complexities of commercial property purchase demands thorough expertise. Schedule a free consultation with our expert commercial property team to ensure your interests are safeguarded.

• Leasehold: The buyer owns the property and its land for a set duration, often decades or centuries. However, they do not own the land it stands on permanently. Over time, as the lease duration diminishes, the property might lose value. Ground rent may be payable.
• Freehold: The buyer owns the property and the land it stands on indefinitely. No ground rent is involved, and there’s typically greater freedom regarding property modifications.

Legal implications include understanding terms of lease renewals, managing ground rent escalations, and being aware of associated rights and obligations.

Understanding the nuances between leasehold and freehold is crucial in making informed property decisions. For comprehensive insights and guidance, consult our property specialists for a no-obligation chat.

For listed buildings, which are of historical or architectural significance:

• Listed Building Consent: Ensure any alterations made by previous owners had appropriate consents.
• Restrictions: Familiarise yourself with what can and cannot be altered, extended, or demolished.
• Maintenance Obligations: Recognise the possible higher maintenance standards and costs.
• Insurance: Understand that premiums may be higher due to repair standards using specific materials or methods.

Listed buildings come with distinctive challenges but also great rewards. Before taking the leap, seek expert advice from our property law specialists in a complimentary initial consultation.

Ensuring a clear legal title is paramount when purchasing property. This process involves:

• Hiring a Competent Solicitor: A seasoned solicitor or conveyancer will meticulously review the property’s title deeds, identifying any discrepancies or potential issues.
• Title Search: A thorough examination of the Land Registry will reveal the property’s historical ownership, ensuring no undisclosed claimants.
• Property Surveys: Apart from structural aspects, certain surveys can help identify boundary discrepancies, which can sometimes indicate title issues.
• Title Insurance: As an additional safeguard, title insurance can be procured. It offers protection against potential future claims or title defects.

Clear legal titles are the foundation of a sound property investment. Do not leave it to chance; trust our meticulous legal team to guide you. Schedule your free initial discussion now.

Protecting against adverse possession claims involves:

• Regular Property Checks: Frequently inspect your property, particularly if it’s not your primary residence, to ensure no one occupies or uses it without permission.
• Boundary Fences and Signs: Clear demarcations deter potential squatters and indicate ownership.
• Swift Legal Action: If someone occupies your property without consent, act immediately. Seeking legal advice and starting possession proceedings quickly is crucial.
• Land Registry Alerts: Register for alerts, notifying you of any applications to change the title of your property.

Safeguarding your property from potential adverse possession claims requires proactive measures. Engage with our property experts today for bespoke strategies and peace of mind.

Shared ownership is a scheme allowing buyers to purchase a share of a property (usually between 25% and 75%) and pay rent on the remaining portion owned by a housing association. Legal considerations include:

• Lease Agreement: All shared ownership properties are leasehold. Familiarise yourself with the lease terms, noting responsibilities and rights.
• Staircasing: This refers to the process of purchasing additional shares of the property over time, reducing the rented portion.
• Selling a Shared Ownership Property: You’ll first offer the housing association the right to buy the property. If declined, it can be sold on the open market.

The shared ownership route offers an alternative path to property ownership but comes with its intricacies. To navigate this landscape confidently, connect with our knowledgeable team for an obligation-free consultation.

• Ground Rent: This is a fee paid by the leaseholder to the freeholder. It is essential to understand its escalation terms, as some ground rents can increase significantly over time.
• Service Charges: Covering the maintenance of common areas and services, these charges can vary yearly based on actual costs incurred. It’s crucial to have clarity on what’s included, any reserve funds, and the calculation methodology.
• Right to Challenge: If service charges seem unreasonable, leaseholders have a legal right to challenge or seek a more detailed breakdown.

Deciphering the specifics of ground rents and service charges can be daunting. Let our adept team help you understand your financial commitments in any leasehold agreement. Reach out for your free initial consultation.

Property joint ventures (JVs) represent collaborative undertakings between two or more parties to co-develop or co-own property. Key legal considerations include:

• Joint Venture Agreement: Central to any JV, this document outlines each party’s contribution (whether monetary, property, or expertise), profit-sharing mechanisms, management roles, and exit strategies.
• Due Diligence: Before entering a JV, thorough checks on potential partners’ financial stability, experience, and reputation are paramount.
• Tax Implications: Different JV structures, be they partnerships, companies, or contractual, have distinct tax consequences.
• Liability & Risks: Clearly understanding and defining each party’s liabilities ensures unexpected circumstances do not lead to legal battles.

Structuring a successful property joint venture requires meticulous planning and legal insight. Entrust your JV considerations to our expert professionals. Begin with a complimentary discussion.

Property disputes encompass various issues, with boundary disputes being especially common. Resolving them involves:

• Document Analysis: Title deeds, Land Registry documents, and historical maps can pinpoint boundary lines.
• Mediation: An impartial third party helps the disputing sides reach a mutual agreement, often quicker and less confrontationally than court action.
• Adjudication or Arbitration: These are alternative dispute resolution mechanisms where an expert determines the dispute’s outcome.
• Litigation: As a last resort, taking the dispute to court ensures a binding resolution.

Navigating boundary disputes can be emotionally and financially taxing. Engage with our experts, well-versed in property dispute resolutions, and secure peace of mind. Schedule a no-obligation chat today.

Property due diligence is a critical pre-purchase investigation ensuring buyers understand what they are acquiring. It encompasses:

• Title Review: Ensuring the seller genuinely owns the property and identifying any restrictions or rights.
• Property Surveys: These identify structural issues or required repairs.
• Local Searches: Revealing plans for future developments, historical conservation orders, or flood risks.
• Environmental Checks: Highlighting potential land contamination or protected wildlife habitats.

Comprehensive due diligence is paramount in safeguarding your property investment. Trust Go Legal’s meticulous approach to leave no stone unturned. Do not hesitate to call us for free initial consultation now or complete the booking form below.

SDLT is a tax on property or land purchases in England and Northern Ireland:

• Payment Thresholds: Different property values attract distinct SDLT rates, with potential reliefs for first-time buyers.
• Residential vs. Commercial: SDLT rates differ between residential properties and commercial entities.
• Leases: SDLT can apply to the purchase price of leasehold sales and the lease’s net present value.
• Additional Properties: Purchasing additional homes, such as buy-to-let or second homes, may incur higher SDLT rates.

Yes. Buy-to-let properties are popular investment choices but come with distinct legal obligations:

• Mortgages: Most buy-to-let properties require a specific buy-to-let mortgage, which often has different criteria than regular residential mortgages.
• Tenant Rights: Landlords must be well-acquainted with tenants’ rights, ensuring properties are habitable and all deposits are held in government-approved schemes.
• Tax Implications: Rental income is subject to taxation. However, expenses such as mortgage interest and maintenance costs can be deductible.
• Regulations & Safety: Complying with fire safety standards, obtaining necessary safety certificates, and ensuring properties meet the required energy efficiency standards are pivotal.

A lease extension lengthens the term of a leasehold property’s lease. In the UK:

• Eligibility: Typically, a leaseholder can request an extension after owning the property for two years.
• Process: This involves serving a Section 42 Notice on the freeholder, who can then respond with their terms.
• Negotiation: Leaseholders and freeholders can negotiate on the premium for the extension, potentially avoiding court intervention.
• Valuation: It is crucial to get a lease valuation, ensuring a fair price is paid for the extension.

Property development requires a solid understanding of planning laws:

• Planning Permissions: Before development, acquiring the necessary permissions from local authorities is crucial.
• Environmental Considerations: Any development must consider potential environmental impacts, ensuring compliance with environmental laws.
• Community Feedback: Local communities may have a say in significant developments, which can influence planning decisions.
• Legal Agreements: Some developments require Section 106 agreements, determining the developer’s contribution to local infrastructure or amenities.

Co-ownership denotes when a property is owned by two or more parties, bringing about several considerations:

• Ownership Types: There’s ‘Joint Tenancy’ where all parties own the entire property equally, and ‘Tenancy in Common’ where parties’ own distinct shares.
• Co-Ownership Agreements: These outline each owner’s rights, responsibilities, and what happens if one wishes to sell.
• Disputes: Disagreements can arise over expenses, property use, or exit strategies. Legal intervention or mediation can help resolve these.
• Selling: If one party wishes to sell but others do not, they might force a sale through a court order.

Commercial property leases in the UK are complex contractual arrangements, and while there’s significant freedom for landlords and tenants to agree on their terms, there are some overarching principles and regulations:

• The Landlord and Tenant Act 1954: This act, particularly Part II, offers protections for business tenants. It primarily provides security of tenure, meaning that tenants have the right to continue occupying the premises after the lease ends, subject to certain conditions.
• The Law of Property Act 1925: This act includes provisions about the legal estate of leasehold properties, affecting how leases can be created and transferred.
• Privity of Contract and Estate: Before the Landlord and Tenant (Covenants) Act 1995, both original parties to a lease remained responsible for their covenants throughout the lease term, even if the property was assigned to someone else. Post-1995, this is no longer the case for most covenants, but there are exceptions.
• Rent Deposits: These are common in commercial leases, especially if the tenant’s financial covenant strength is in doubt. How they are handled, including stipulations for drawing from them, needs careful drafting in the lease agreement.

For those buying properties in the UK, there are several legal safeguards to ensure that they are protected from misrepresentation or concealed defects:

• The Misrepresentation Act 1967: This act provides remedies if a party enters a contract based on a false statement (misrepresentation) made by the other party.
• Seller’s Property Information Form (SPIF): Sellers typically complete this form, detailing various aspects of the property. Any false statements can be grounds for a misrepresentation claim.
• Surveys and Inspections: Before purchasing, buyers are advised to have the property surveyed. Different levels of surveys can uncover structural defects or other hidden issues.
• Warranties and Guarantees: Some properties may come with existing warranties (e.g., NHBC guarantees for newer homes), offering protection against certain defects.
• Searches: Conveyancers conduct various searches (local authority, environmental, drainage, etc.) to uncover issues related to the property, like potential developments or flooding risks.
• Caveat Emptor (Buyer Beware): This principle means the onus is largely on the buyer to discover defects. However, sellers are still duty-bound not to misrepresent.

If you are facing a property related issue, please do not hesitate to give us a call for a Free Consultation today or complete our booking form below. We look forward to assisting you with your property case.

For those buying properties in the UK, there are several legal safeguards to ensure that they are protected from misrepresentation or concealed defects:

• The Misrepresentation Act 1967: This act provides remedies if a party enters a contract based on a false statement (misrepresentation) made by the other party.
• Seller’s Property Information Form (SPIF): Sellers typically complete this form, detailing various aspects of the property. Any false statements can be grounds for a misrepresentation claim.
• Surveys and Inspections: Before purchasing, buyers are advised to have the property surveyed. Different levels of surveys can uncover structural defects or other hidden issues.
• Warranties and Guarantees: Some properties may come with existing warranties (e.g., NHBC guarantees for newer homes), offering protection against certain defects.
• Searches: Conveyancers conduct various searches (local authority, environmental, drainage, etc.) to uncover issues related to the property, like potential developments or flooding risks.
• Caveat Emptor (Buyer Beware): This principle means the onus is largely on the buyer to discover defects. However, sellers are still duty-bound not to misrepresent.

If you are facing a property related issue, please do not hesitate to give us a call for a Free Consultation today or complete our booking form below. We look forward to assisting you with your property case.