Commercial and Residential Property Disputes

Commercial and Residential Property Disputes

It is often said that the relationship of landlord and tenant gives rise to one of the most complex and frustrating set of rules.  The relationship is governed by the contract (usually written but in some circumstances oral) and the Courts have always indicated that it is not for a Judge to re-write the bargain reached between the parties.  That stated, the Courts have from time to time intervened to address what they consider to be unconscionable conduct.  Further Parliament has through a series of statutes tried to regulate the relationship (particularly in the case of residential leases) to overcome what they consider to be scrupulous conduct on the part of the landlords.

All of this intervention means that the relationship of a landlord and tenant is an area ripe for challenge and dispute in Court and requires highly specialised knowledge.  Experience is everything in this class of litigation.

We at GSC have acted for decades for the whole range landlord and tenant; from nationwide property entities to individual private landlords and for corporate and individual tenants including tenants in the private rental sector.

At GSC we also have vast experience of buying and selling properties including advising both vendors and purchasers of properties when their transaction has gone wrong including claims for negligence against their professional advisers.

The range of work within this sector is vast and the following is a list of just a few of the items upon which GSC can advise:

• Non-payment of rent

• Breach of covenants including for example unlawful assignments or under lettings and of course disrepair and dilapidations claim

• Relief from forfeiture

• Termination/ renewal of business tenancies under the Landlord & Tenant Act

• Rent Reviews

• Break clauses

• Restrictive covenants

• Party Wall Acts (although we fully appreciate that these sort of disputes have a high emotional content as well as legal problems)

• Service Charges (indeed we succeeded on one of the rare cases on this topic which went to the Supreme Court)

• Squatters

• Termination of tenancies under the Housing Acts using Section 8 and 21 Notices