Real Estate Litigation

Although not primarily a contentious area, the nature of the real estate sector means that disputes do arise – whether over title matters, landlord and tenant issues or unauthorised occupation of land.

Our specialist real estate litigation team has the expertise and resources to handle property-related disputes of all types, delivering solutions that are practical, commercial and cost effective.

Our expertise includes:

  • Commercial landlord and tenant matters, including opposed lease renewals under the Landlord and Tenant Act 1954, rent recoveries, rent reviews, dilapidation disputes, matters concerning landlord’s consent or opposition to assignments, sub-lettings, and other disputes concerning the enforcement of covenants and the recovery of possession of premises
  • Residential landlord and tenant matters including freehold acquisition and enfranchisement rights and service charge disputes
  • Mixed commercial/residential premises
  • Advising on and co-coordinating the obtaining of vacant possession of development sites
  • Urgent eviction of squatters or other unauthorised occupiers of land
  • Telecommunications – we have a specialist real estate telecommunications team that acts exclusively for landowners and developers on the management and removal of telecommunications apparatus
  • Disputes arising out of the sale and purchase of land
  • Disputes concerning rights or obligations relating to land including trespass, title disputes and ownership, rights of light, easements or other rights concerning land
  • Advocacy in the high court, county court and tribunals
  • Insolvency – we have particular expertise in the enforcement of covenants against both current and former tenants and/or their sureties and the effects of insolvency on clients’ property assets
  • Arbitration, mediation and alternative methods of dispute resolution

Our real estate litigators work closely with our real estate lawyers to minimise the risk of disputes escalating to litigation. We understand that disputes often take place in the context of a larger transaction that cannot wait on the outcome of potentially protracted litigation. By responding quickly and anticipating issues we can help to prevent problems arising or minimise their effect. We strive to achieve early settlement wherever appropriate, but are experienced in the tactical use of litigation or other forms of dispute resolution to promote the best possible results for our clients.

Tim Foley

Tim Foley

If you have any questions or queries please call Tim on +44 (0)20 3036 7395 or email tfoley@fladgate.com

Fladgate LLP is ‘a highly commercial firm with a broad ability across the property litigation field’. Its ‘very effective team’ delivers ‘a brilliant service together with excellent response times and extremely high knowledge levels’ that ‘completely justifies the confidence clients place in it’.

Legal 500

Real Estate Litigation team

 

Tate Modern: A story of legal nuisance, glass walls and net curtains

Leanne Meredith

Airspace leases: property out of thin air

Landlord’s intention to redevelop…or not

Tim Foley

Fladgate continues with strong showing in Chambers UK 2019

How will the disputes battleground change after Brexit?

Peter Reynolds

Digitalising signatures – a new dawn for conveyancing and HM Land Registry

Another historic moment for the new Telecoms Code

Trespass in the sky

What a waste: landlords beware!

Recent decisions from the English Courts on arbitration matters

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What a waste: landlords beware!

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Introduction A landowner has been convicted of a criminal offence and given 150 hours of unpaid work and a fine of almost £20,000, all because of waste left at its property by its tenant. Read on to find out how this happened and how you can avoid making the same mistake. The facts Our unfortunate […]

Recent decisions from the English Courts on arbitration matters

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The English Court has issued a number of recent judgments in respect of arbitration matters and its supervisory powers under the Arbitration Act 1996  We summarise some of the more important decisions emerging, including those relating to “apparent bias” challenges against an arbitrator. Progas Energy Limited v Pakistan [2018] EWHC 209 (Comm) (9 February 2018) […]

A historic moment for the new Telecoms Code

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The first hearing under the new Electronic Communications Code took place yesterday before Martin Rodger QC, the Deputy Chamber President of the Upper Tribunal (Lands Chamber). The hearing concerned an application by CTIL for an Interim Code Agreement to install equipment onto the rooftop of a hotel in Paddington. Wayne Clark of Falcon Chambers, instructed […]

Buyer’s solicitor beware

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We now live in a world where identify theft is commonplace and fraudsters are becoming increasingly sophisticated in their pursuit of unsuspecting victims as modern technology helps to facilitate their dastardly deeds. The recent cases of Dreamvar (UK) Ltd v Mishcon de Reya (Dreamvar) and P&P Property Ltd v Owen White and Catlin LLP (P&P) […]

CVAs and leases: What obligations are left if the CVA fails?

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Proposing a Company Voluntary Arrangement (CVA) is currently a popular option for companies facing financial difficulties. Creditors of companies such as BHS, Prezzo, Toys R Us, Maplin, Byron Burgers and New Look have all recently agreed to the companies operating under CVAs. Several other retailers are rumoured to be likely soon to follow suit. The […]

Nuisance neighbours

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In multi-let buildings and/or in premises in close proximity, there is almost certain to be a degree of interruption, interference, annoyance or disturbance caused at some stage by one occupier to another or others.  There is only so much of this that can be tolerated especially when this is having an impact on the businesses […]

Don’t let break clauses fracture your business

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Tenant only break options are a useful way for tenants to give themselves a potential way out of a lease if, for example, there may be a strategic requirement to exit a lease. On the surface, break options seem simple but there are complications within them of which tenants need to be aware. At the […]

Fast-tracking London lease renewals

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On 1 January 2018 the Central London County Court (“CLCC”) commenced a pilot scheme to deal with unopposed business lease renewals pursuant to the Landlord and Tenant Act 1954 (“1954 Act”). Landlords and tenants of Central London properties need to be aware of this. 1954 Act If a tenant occupies premises for the purpose of […]

Who should pay for replacing flammable cladding?

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First legal case raises more questions than answers The first case on liability for the costs of replacing flammable cladding provides little comfort to lessees.  The call by a first tier tribunal for the introduction of a warranty scheme to meet the repair costs was made after acknowledging that litigation on this issue is unlikely to […]

F&B legalities

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Concessions, or F&B, sales remain a critical revenue-source for cinemas, and continue as both a dynamic and evolving marketplace. Indeed, may things yet turn full-circle, with outside concessionaries reoccupying traditional cinema lobby-space? With this prospect ever in mind, Fladgate LLP’s Gavin Whitney offers a reminder of some of the legalities governing the use of foyer-space […]

Fladgate to advise Toys “R” Us Properties (UK) Limited in relation to its property portfolio

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Fladgate LLP are pleased to receive instructions to act for Toys “R” Us Properties (UK) Limited in relation to its property portfolio, following the troubles affecting the Toys “R” Us Opco. Gavin Whitney, client partner, commented: “We are very excited to be acting on this high profile project and the team are looking forward to […]

Starting as you mean to go on…pre-emption rights and applications to assign

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TCG Pubs Limited and another v The Art or Mystery of the Girdlers of London [2017] EWHC 722 (Ch) This case involved a dispute between the tenant (in administration) (TCG) and the defendant (Girdlers) in relation to the proposed assignment of a lease of pub premises in London. The lease contained a provision prohibiting assignment […]

Fladgate LLP is ‘a highly commercial firm with a broad ability across the property litigation field’. Its ‘very effective team’ delivers ‘a brilliant service together with excellent response times and extremely high knowledge levels’ that ‘completely justifies the confidence clients place in it’. Practice head Thekla Fellas, Alison Mould, who is ‘an insightful and experienced individual, who is calm in a crisis and allows nothing to slip by’, Jonathan Hibberts, who ‘works harder than it seems is possible’, and ‘truly outstanding lawyer’ Janet Keeley are the key names.

Legal 500

It has notable expertise in the leisure, telecoms and residential sectors, among others, and further experience in site developments and leasehold enfranchisement. Mould recently defended ML Convenience in possession proceedings and Fellas acted for the landlord Point West GR in a service charge dispute relating to the recoverability of building management administrator fees.

Legal 500

Advises clients on a range of complex disputes. Offers notable expertise in the hotel and leisure, telecoms and high-value residential property sectors. Enjoys a fine reputation for its work advising clients on contentious leasehold enfranchisement matters. One impressed interviewee praises the firm for its “superb availability and responsiveness and total dedication to the case above and beyond the call of duty.” Another source notes: “They think beyond the immediate issues and care about the impact of litigation for the client.”

Chambers UK

Acted on behalf of the owners of staircased shared ownership flats in a case concerning the validity of the staircasing of the leases and whether this constitutes a breach of the Section 106 agreement. Acted for Point West GR on a complex, high-value service charge dispute relating to a residential building in Kensington.

Chambers UK

Alison Mould is a highly experienced property litigator, with an emphasis on the retail and leisure sectors. She is also known for her work relating to listed and historically significant buildings. Thekla Fellas is a “pragmatic, commercially minded and technically competent” lawyer with a strong practice in telecommunications-related property disputes.

Chambers UK

Advises clients on a range of complex disputes. Offers notable expertise in the hotel and leisure, telecoms and high-value residential property sectors.  “Fladgate has the balance right – they communicate amongst each other and they aren’t drowning in their own importance!”  Represented Crest Nicholson Operations in a case concerning the removal of telecoms equipment from the old Cambridge City football ground.  Provided Provident House Staines with advice on a potential claim against Reading Borough Council relating to the scope of local search questions and obligations in responding to Permitted Development Rights enquiries.

Chambers UK

Thekla Fellas is described as a “very impressive” practitioner by a source. She has notable expertise in property disputes in the telecommunications sector and also advises on a range of development-related disputes.

Alison Mould regularly advises leisure, retail and investment clients. She has a particular focus on listed buildings and buildings of significant historical importance. Clients describe her as “very hands-on and very sure of her advice!’

Chambers UK

‘Very effective property litigation firm’ Fladgate LLP has expertise in the leisure, telecoms, site development and high-value residential sectors. Thekla Fellas leads the team, in which Alison Mould ‘knows her game exceptionally well’, and Janet Keeley is ‘extremely impressive’.

Legal 500

Known for its expertise in the telecoms sector but also handles significant work in the leisure industry. Frequently advises on vacant possession strategy and on matters relating to complex commercial and residential developments.  They work hard but have a wonderful culture; they are human and fun to work with. They have a high level of technical knowledge and a tactical approach.

Chambers UK

Acted for the Trustees of the will of the First Lord Brocket in the case brought against the tenant of Brocket Hall due to disrepair, rent arrears and unlawful chattel usage. Thekla Fellas is a well-known name in telecoms-related real estate litigation. Sources say she is “friendly, active and well respected.”  Alison Mould frequently acts on matters involving retail and leisure sites. Interviewees say she is “very good at cutting to the commercial quickly and making sure you target your arguments during litigation.”

Chambers UK

Represents a broad client base, from commercial landlords and housing developers to non-profit organisations and private individuals. Handles commercial litigation alongside the firm’s planning and construction practices.  “They all get on with the job and do their best to take the pressure off me as the instructing client; at the same time I am always kept informed as to progress on issues that they may be dealing with.”

Chambers UK

Acts on both commercial and residential property matters for clients including investors and developers. Particular strength in telecoms issues, residential development work and property management. Thekla Fellas is the head of the real estate disputes team, and an active and well-respected figure in the field. She has a niche expertise in property disputes involving telecoms issues. Sources regard her as someone who “handles herself very effectively”. Alison Mould specialises in retail and leisure sector property disputes. She acts for a number of investor clients. Sources particularly praise her efficiency.

Chambers UK

Thekla Fellas is described by sources as being a “very commercial, very robust” litigator who “fights her client’s corner”. Alison Mould is lauded by clients for her “approachable” manner, and acclaimed for being “very supportive” and “extremely good in meetings”. She has recently led on landlord advisory work regarding Little Chef, and has acted on several other insolvency-related cases. The “impressive” Janet Keeley is noted by sources for her “very sensible” approach to litigation. She has comprehensive experience of advising on the full range of real estate disputes and has recently led on rent review and professional negligence-related work.

Chambers UK

Thekla Fellas leads the team at Fladgate LLP, whose clients include Haymarket Media Group and Soho Estates. Janet Keeley is “an outstanding lawyer, and a pleasure to deal with”. The “incredibly dedicated” Alison Mould and “amazing” Jonathan Hibberts are also recommended.

Legal 500

  • Little Chef – acting for the landlord in respect of 44 Little Chef properties when the tenant went into administration. Protecting the Landlord in respect of its properties and investigating the proposed pre-pack and concluding the assignment of the properties.
  • Tenant of the Crown Estates – securing nearly four times the statutory compensation due to a tenant who had received a hostile section 25 notice and challenged the same using the local development plan to help to argue against the Crown Estate’s success at trial and thus increasing the compensation paid.
  • Investor client with large portfolio of shopping centres – various landlord and tenant issues including the recovery of possession and/or arrears, lease renewal and opposition to renewal under the Landlord and Tenant Act 1954, enforcing other breaches of covenant and squatters actions.
  • Residential developer – advising on the removal of telecoms equipment from the roof of premises to allow a £300m development of a wider site.
  • Point West London Ltd v Rothschild Trust (Bermuda) Ltd – acting for a tenant in a complex long running dispute regarding service charges, defective curtain–walling and other defects in a penthouse apartment in Kensington. The case brought into line the law in respect of damages recoverable for breach of contract with those recoverable for breach of repairing obligations. It also allowed damages to be recovered by a trust company for loss of use of the property and in doing so awarded one of the highest general damages awards.
  • Major transport company – acting on its national portfolio for the management and removal of telecoms operators.
  • Developer client – securing the removal of telecoms operators from a residential development with budget and within timescales in respect of the development of a College Site.
  • Reserve Forces Cadets Association – renewing and retaining leases to their various sites, reviewing, merging and expanding as appropriate.
  • Trustees of the Will of the First Lord Brocket – acting against the current tenant of Brocket Hall in relation to serious issues of disrepair, arrears and unlawful use of chattels.
  • Developer client – serving hundreds of rights of light notices for a developer of a substantial Docklands development to capitalise claims at an early stage and prevent others arising.
  • Merchant bank – reported case concerning solicitors’ undertakings given in the course of a conveyancing transaction. Successfully defending an application to seek to compel the bank to redeem its charge at a substantially lower figure.
  • National house builder – acting in connection with the failure of a corporate purchaser to complete its acquisition of multiple newly built properties. Successfully defeating the estoppel arguments raised by the purchaser as to discussions it alleged entitled it to avoid liability. Achieving completion of the purchases of some of the properties and substantial settlement payments in relation to the others.

Integrated

Our clients come to us to solve problems that are often complex and multifaceted. We draw together the multiple strands of a business or personal challenge into a coherent, integrated legal response that combines the knowledge and experience of experts in all the relevant fields.

Partner-led

We operate in small teams in which partners not only take the lead but also do a significant amount of the detailed work. Clients can be assured that the partners they engage and brief will remain closely involved in developing and delivering the advice as part of our close-knit, expert teams.

Experienced

Fladgate has a long heritage of delivering high-quality legal advice. We have been providing practical legal solutions to businesses and private clients for over 250 years. Today we are one of the UK’s top 100 law firms, with over 80 partners and a reputation for providing solutions that work.