Residential Property Disputes

Residential property disputes can involve your home, an investment property or a valuable property interest. The right strategy often depends not only on the legal position but on the value of the property, the relationship between the parties and what you ultimately want to achieve.

Our specialist solicitors advise homeowners, property owners, landlords, leaseholders and freeholders on residential property disputes across England and Wales.

We have substantial property litigation experience, supported by one of the largest and most experienced property law teams in the country. This wider property expertise can be particularly valuable where a dispute involves title documents, leases, previous transactions, ownership arrangements or the history of a property.

Residential property disputes we deal with

We advise on a broad range of residential property disputes. Our principal services include:

• Building disputes - We advise homeowners and property owners on disputes with builders and contractors concerning defective, incomplete or poor-quality building work, delays, payment and disagreements over what was agreed.

• Property ownership and TOLATA disputes - Disagreements can arise about who owns a property, the shares in which it is owned or whether it should be sold. These claims commonly involve unmarried couples, family members and other joint owners. Our TOLATA solicitors advise on disputes over beneficial ownership, sale of property and the respective interests of the parties.

• Landlord and Tenant disputes - We act for leaseholders, freeholders and others involved in disputes arising from long residential leases.These can include alleged breaches of lease, alterations, repair obligations, use of property, enforcement of lease covenants and disagreements about the rights and obligations contained in the lease.

• Service charges and major works - We advise leaseholders, freeholders and residential landlords on disputes about service charges and major works.This includes disputes over liability for charges, the reasonableness of costs and consultation requirements associated with substantial works.

• Boundaries and rights of way - Boundary, access and rights of way disputes can affect both the use and value of a property and can become increasingly difficult to resolve once relations between neighbouring owners deteriorate. We advise on disputed boundaries, access rights, easements and interference with existing rights.

• Restrictive covenant disputes - Restrictions affecting residential land can prevent or limit extensions, development or particular uses of a property.We advise property owners seeking to understand, challenge or modify restrictive covenants and those seeking to enforce them.

• Adverse possession - We advise people seeking to establish ownership of land through adverse possession as well as registered owners opposing claims affecting their property.

• Residential possession claims - We advise residential landlords seeking possession of property and tenants facing possession proceedings. Possession cases are highly procedural and the appropriate approach depends on the tenancy, the grounds relied upon and the circumstances of the case.

How we can help

The likely cost, risk and disruption of litigation also need to be weighed against what is at stake. We will advise you on the legal merits of your position, but also on the practical options for resolving the dispute.

Our property disputes solicitors can:

• assess your legal position and the strength of a potential claim or defence;

• review title documents, leases, deeds, contracts, plans and relevant correspondence;

• identify the evidence likely to matter;

• advise on immediate steps needed to protect your position;

• communicate and negotiate with the other party or their solicitors;

• advise on settlement proposals and mediation;

• advise on the costs and risks of pursuing or defending proceedings; and

• represent you in court, tribunal or Land Registry proceedings where necessary.

Resolving your residential property dispute

We act for both claimants and defendants. Court or tribunal proceedings are sometimes necessary, but many residential property disputes are resolved through correspondence, negotiation or mediation.

Getting specialist advice early can make a significant difference. It can help establish the legal position before correspondence or actions inadvertently weaken it, and allows the realistic settlement options to be considered before substantial costs are incurred.

Where proceedings are necessary, we will advise on the appropriate forum, evidence, likely costs, risks and possible outcomes.

If you are involved in a residential property dispute, contact our experienced and specialist team.