Boundary disputes are among the most common and contentious property issues in the UK. These disputes often arise when property lines are unclear, or when there is disagreement over the exact location of fences, walls, or other structures. Our experienced solicitors can help resolve disputes by:
Conducting thorough investigations into title deeds and historical records.
Advising on property boundary surveys and expert witness testimony.
Representing clients in court or tribunal hearings when necessary.
Exploring amicable solutions to avoid lengthy and costly litigation.
Common boundary disputes include:
Disagreements over the location of fences or walls.
Claims for adverse possession (squatter’s rights).
Encroachments onto neighbouring land.
Disputes over the rights of way or easements.
We provide expert legal assistance to both landlords and tenants on a wide range of issues that arise during a tenancy. The most commonly litigated issues include:
Lease covenants are legally binding obligations in a tenancy agreement. Breaches may involve failure to maintain the property, unauthorised alterations, or breaches of use clauses. We assist in:
Enforcing covenants against tenants or landlords.
Defending claims for breach of lease.
Negotiating settlements or resolving disputes out of court.
Break clauses are provisions within leases that allow either party to terminate the agreement early. Common disputes arise over:
Whether the break clause was validly exercised.
Compliance with timing, notice periods, and conditions for termination.
The consequences of premature termination of the lease.
Disputes involving commercial leases often require specialist legal advice. Key issues include:
Rent reviews: Disputes about the market rent and whether a rent review clause has been properly triggered.
Lease renewal: When one party refuses to grant or accept a lease renewal under the Landlord and Tenant Act 1954.
Dilapidations: Disputes over the condition of the property at the end of the lease, including whether the tenant is liable for repairs.
Forfeiture of lease: Landlords’ rights to terminate a commercial lease due to tenant breaches such as non-payment of rent.
At the end of a lease, landlords often claim that the tenant has failed to maintain the property to the standard required by the lease. We provide advice and representation for both landlords and tenants, helping to:
Assess the validity of dilapidation claims.
Negotiate settlement figures.
Litigate in court or tribunal when necessary.
Forfeiture occurs when a landlord ends a lease due to a tenant’s breach. Common reasons for forfeiture include non-payment of rent, failure to comply with repair obligations, or illegal use of the property. We can assist with:
Drafting notices and court applications for forfeiture.
Defending tenants against wrongful forfeiture claims.
Negotiating lease reinstatement terms.
Disputes over rent payments and rent reviews can be time-consuming and expensive. We help landlords and tenants navigate:
Non-payment of rent: Recovering unpaid rent through legal channels such as County Court judgments or commercial rent arrears recovery (CRAR).
Rent review disputes: Disputes over whether the rent increase is fair and in line with the lease terms.
Service charges are a common source of conflict between landlords and tenants, especially in multi-tenant properties like flats. Issues often include:
Disagreement over the amount or nature of the charges.
Transparency and justification of costs.
Service charge disputes related to repairs and maintenance.
Residential tenancy disputes can cause significant stress, particularly when it involves family homes or long-term rental properties. We offer comprehensive legal services for both landlords and tenants, with common issues including:
Assured Shorthold Tenancies (ASTs) are the most common form of residential tenancy in the UK. Key litigation issues include:
Possession orders: Tenants refusing to vacate after the expiry of the notice period.
Evictions: Navigating the court process to evict tenants legally and safely.
Non-payment of rent: Disputes regarding arrears and payment terms.
Leaseholders often want to extend their leases or purchase the freehold of their property. Common issues include:
Enfranchisement: When leaseholders collectively purchase the freehold of their building.
Lease extensions: Negotiating the cost of extending the lease for a further term (usually 90 years).
Valuation disputes: Disagreements over the premium to be paid for the extension or purchase.
Under the Landlord and Tenant Act 1987, tenants have the right of first refusal to buy the freehold of their building. We help:
Advise tenants on how to exercise this right.
Represent tenants in disputes over the landlord’s failure to offer the property to them first.
Landlords must protect tenants’ deposits in a government-approved scheme. Disputes often arise over:
Whether the deposit was protected correctly.
How the deposit should be allocated at the end of the tenancy.
Claims for damages or deductions from the deposit.
Our solicitors are experienced in handling real property disputes, where legal rights regarding the use, enjoyment, and development of land are contested.
The Party Wall Act 1996 governs disputes between neighbouring property owners regarding shared walls or boundaries. We provide assistance with:
Resolving disagreements over proposed works to party walls.
Negotiating party wall awards.
Advising on the implications of construction on shared boundaries.
A right to light is a property right that can be affected by new developments. Common disputes include:
Whether a right of light has been acquired through continuous use.
Injunctive relief for blocking light to windows or property.
Negotiating compensation for the loss of light due to construction.
Contract disputes are frequent in property transactions and developments. These may include:
Disputes over terms of sale or lease agreements.
Construction contract disputes between developers, contractors, and sub-contractors.
Breach of warranty or misrepresentation in property deals.
We provide legal support to ensure your contractual rights are protected and work to resolve disputes effectively, whether through negotiation or litigation.
We encourage clients to use Alternative Dispute Resolution (ADR) methods such as negotiation, mediation, and arbitration to resolve property disputes. ADR is often quicker, more flexible, and more cost-effective than traditional court proceedings. Our ADR services include:
Mediation: Helping parties reach a mutually acceptable solution.
Arbitration: Providing an alternative to court, where an independent arbitrator makes a binding decision.
Negotiation: Facilitating direct settlement discussions between parties to reach a resolution without formal proceedings.
Whether you’re a landlord, tenant, or property owner, our team of experts can provide tailored advice and representation for your property dispute. Contact us today at 020 3883 1402 for a consultation and let us help you resolve your legal issues efficiently and effectively.
Expertise in a wide range of property disputes.
Strong track record of successful outcomes.
Focus on practical, cost-effective solutions.
Experienced in both litigation and ADR.
Dedicated, client-focused service.
Sharif McKenzie is the trading name of Sharif McKenzie Limited, a company limited by shares and registered in England and Wales (CRN. 12323078) at 855 High Road Leytonstone, London, E11 1HH. Sharif McKenzie Limited is a recognized body law practice, which is authorised and regulated by the Solicitors Regulation Authority (SRA No. 8004058).
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