Call us: 01825 762281 email: info@dawson-hart.co.uk

Property litigation

Our team, working with our Commercial Property Department and Residential Conveyancing Department can assist with both contentious and non-contentious property related issues including:

  • Renewal of business tenancies under Part II of the Landlord & Tenant Act 1954
  • The service of statutory notices including notices pursuant to Section 146 of the Law of Property Act 1925
  • Possession proceedings, including forfeiture for non-payment of rent and other breaches of covenant
  • Distraint on a tenant's goods
  • Responding to claims by lessees under the Leasehold Reform, Housing and Urban Development Act 1993 (as amended) to exercise the right to enfranchise or acquire a new lease
  • Recovery of money from both current and previous tenants and guarantors
  • Claims for dilapidations and wants of repair
  • The service of notices under the right of first refusal provisions of the
  • Landlord & Tenant Act 1987
  • The effect of insolvency procedures on the relationship of landlord and tenant
  • Adverse possession claims
  • Boundary and easement (e.g. rights of way) disputes
  • Restrictive covenants
  • Advising on issues that might arise on a transaction for the sale of land, e.g. failure to complete a contract
  • Land Registry procedures
  • Claims in nuisance and trespass


If you would like the opportunity to discuss the issues which are of concern to you please contact our litigation team for details of our free half hour interview scheme.  Please also refer to our information sheet concerning the mediation services we are able to provide.  We would be pleased to advise on the most appropriate way to resolve any dispute or potential dispute.

Please contact our Litigation team on:

Tel: 01825 762281

email: litigation@dawson-hart.co.uk

People

Alistair Rustemeyer - Partner and Head of the Litigation Department
Alistair qualified in 1994.  He trained in the City of London and worked there for many
 
Alison Sparks - Legal Executive - Property Litigation Department
Alison qualified as a Legal Executive in 1988 and joined Dawson Hart in 2007. She specialises in all
 

News

24 April 2008

How much should you pay for work done after the expiry of the original contract..

18 April 2008
Tenants of offices originally designed to be used as homes to be given the right to buy...
 

Testimonials

“I am extremely pleased with the very efficient manner in which my case has been dealt with”

April 2008

Glossary

Acceptance:

The unconditional agreement to an offer. This creates the contract. Before acceptance, any offer can be withdrawn, but once accepted the contract is binding on both sides. Any conditions have the effect of a counter offer that must be accepted by the other party.

Agent:

Somebody appointed to act on behalf of another person (known as the principal). The amount of authority to deal that the agent has is subject to agreement between the principal and the agent. However, unless told otherwise, third parties can assume the agent has full powers to deal.

Arbitration:

Using an independent third party to settle disputes without going to court. The third party acting as arbitrator must be agreed by both sides. Contracts often include arbitration clauses nominating an arbitrator in advance.

Breach of contract:

Failure by one party to a contract to uphold their part of the deal. A breach of contract will make the whole contract void and can lead to damages being awarded against the party which is in breach.

Joint and several liability:

Where parties act together in a contract as partners they have joint and several liability. In addition to all the partners being responsible together, each partner is also liable individually for the entire contract - so a creditor could recover a whole debt from any one of them individually, leaving that person to recover their shares from the rest of the partners.

Liability:

A person or business deemed liable is subject to a legal obligation. A person/business who commits a wrong or breaks a contract or trust is said to be liable or responsible for it.

Offer:

An offer to contract must be made with the intention to create, if accepted, a legal relationship. It must be capable of being accepted (not containing any impossible conditions), must also be complete (not requiring more information to define the offer) and not merely advertising.

Subject to contract:

Words used on documents exchanged by parties during contract negotiations. They denote that the document is not an offer or acceptance and negotiations are ongoing. Often the expression without prejudice is used when subject to contract is meant.

Warranties:

Promises made in a contract, but which are less than a condition. Failure of a warranty results in liability to pay damages (see the financial terms below) but will not be a breach of contract unlike failure of a condition, which does breach the contract.

Enfranchisement:

Buying the freehold of a building

Forfeiture:

Bringing a lease to an end

Nuisance:

Unlawful interference with enjoyment of land

Trespass:

Unlawful entry onto land belonging to another

Covenant:

An agreement to do or to refrain from doing something usually found in a lease or registered against land at the Land Registry

 

 

Consent Order:

Court Order enshrining agreement reached between the parties

Directions:

Orders made by the Court to provide guidance to the parties on the conduct of the case.

Mediation:

An alternative method of resolving disputes where the parties reach their own agreement with the guidance of a trained mediator.

Witness Statement:

Statement of evidence filed by a party or a witness within proceedings.

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