Dispute Resolution

Teacher Stern’s experienced team of real estate litigators work both directly with landlords, tenants, property professionals as well as hand-in-hand with the firm’s transactional team to identify and implement robust solutions for issues arising out of real estate ownership and occupation. We are firmly focused on extracting added value for our clients and our approach is pragmatic and cost effective.

Our real estate litigation team has extensive experience in dealing with complex real estate disputes involving both commercial and residential property. We regularly advise on lease renewals, rent reviews, interim and terminal dilapidation claims, lease covenant enforcement, insolvency issues and other contentious matters affecting property including restrictive covenants, boundary disputes, planning, statutory compensation, construction claims, Law of Property Act receiverships, and secured lending enforcement.

We also have a specialist team focusing on residential real estate, acting for landlords, managing agents and tenants. Our work in this area includes advising in relation to lease extensions, collective enfranchisements, the right to manage, ground rent and service charge collection, major service charge strategies, complex service charge disputes, forfeiture and possession claims.

We also have a proven track record across all commercial sectors including shopping centres, retail premises, warehouses, pubs and leisure, offices and industrial premises.

Whilst we aim to conduct our clients’ cases with vigour in the Courts and Tribunals, our objective is always to achieve a cost-effective resolution of a dispute and our team is well versed in seeking settlement through mediation and alternative dispute resolution.

Representative Dispute Resolution Work

Examples of our real estate dispute resolution work include:

  • Advised a landlord in connection with the forfeiture of a commercial lease arising from the breach of a non-alienation covenant, successfully resisting the application for relief from forfeiture and securing the grant of a new lease at 4x the amount of original passing rent.
  • Advised a tenant in obtaining relief from forfeiture of a restaurant premises following peaceable re-entry by the landlord for non-payment of rent; securing a licence for the tenant to occupy pending the making of a Court order enabling the tenant to collect the keys within 6 hours of instructions being given.
  • Advised a mortgagee in obtaining an order for possession of a residential property in Knightsbridge to realise security in excess of £20m.
  • Advised a landlord in successfully challenging the validity of a Section 26 Notice under the Landlord & Tenant Act 1954 which was served on behalf of a major UK clearing bank.
  • Advised a freeholder in respect of a successful application to the Leasehold Valuation Tribunal to vary 365 residential leases.

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