We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you agree to our Privacy Policy

Hero Background Image

Property Litigation


R
esidential property is often one of our most important assets, both in terms of monetary value, income or equity and, in the case of our homes, sentimental worth. Protecting these assets can prove complicated, stressful and timeconsuming, but it doesn’t have to be. At Hanne & Co, our expert property litigation solicitors are here to offer legal advice, support and positive action to protect your assets and save you a headache.

On this page:

    How can we help?

    When it comes to property, legal disputes can impact both your assets and quality of life. Our highly trained property department has experience in a wide range of disputes: whether bringing a case or defending against a claim, Hanne & Co’s solicitors will work with you to understand the factors at play and act in your best interest aiming to bring any litigation to a peaceful and beneficial resolution.

    Our Property Dispute & Litigation Services


    Protect your assets, finances, property portfolio and home – our property litigation solicitors can offer you support in a wide range of cases, including: 
     

    – Landlord & Tenant Disputes
    – Party Wall Disputes
    – Boundary Disputes
    – Trespassing
    – Repossession
    – Enfranchisement
    – Service Charge Disputes
    – Right of Access Disputes
    – Right of Way Disputes
    – Breaches of Leases/Licenses/Tenancy Agreements
    – Disputes Arising out of Sale & Purchase of Land
    – Title and Ownership Disputes (TLATA Claims)

     Successful outcomes are not only supported by our legal expertise but also on our comprehensive understanding of the property sector. We collaborate closely with you, your surveyor, and other professional advisors, acting swiftly and proactively to develop your case to its full potential. 

    When it comes to the litigation process, the earlier you seek advice, the better a position you will be in. Save time, money and stress by seeking legal advice today: contact our specialist property litigation solicitors to discover how we can help you. 

    Residential property litigation covers a wide area of disputes relating to residential property. Common areas of dispute that lead to litigation include:

    Landlords and tenant disputes over rent arrears, eviction, breaches of tenancy agreements, disputes over repairs and maintenance or other obligations of either party. Landlords may start court proceedings to recover unpaid rent or regain possession of their property, while tenants might seek legal recourse for issues such as unlawful eviction or failure to carry out necessary repairs.

    Homeowner disputes with neighbours or other parties. This includes boundary and rights of way disputes or any disagreement concerning property development.

    Disputes over property ownership, typically between cohabitees after a relationship breakdown, and which involves the sale of the property.

    Nuisance claims that address noise or any other disturbances that interfere with the enjoyment of a property.

    Building Disputes that relate to construction defects or breaches of building regulations and disputes concerning building projects.

    Litigation through court proceedings aims to resolve these issues and protect the interests of parties involved, after negotiation or mediation has failed.

    No landlord wants to be in a position where they need to evict a tenant, but it is sometimes regrettably unavoidable. There are a multitude of reasons as to why you may need to evict your tenant, ranging from simply wanting to take possession of your property as you wish to sell it to breaches of the tenancy.

    When evicting a tenant, it is vital that the landlord follows correct legal procedures and in the right order. You may be guilty of harassing or illegally evicting your tenants if you do not follow the correct procedures.

    Firstly, a notice seeking possession either a Notice to Quit, a section 21 or a section 8 notice, depending upon the type of tenancy should be served on the tenant which includes the reason for seeking possession.

    If your tenants do not leave the property by the date specified on the notice, you must then apply to the court for a possession order. Unless the tenants are occupying the property on a licence, then different rules apply.

    If the tenant still refuses to leave your property after the order for possession has expired, you must apply to the court for a warrant for possession. This allows bailiffs to evict your tenants once granted.

    When giving your tenants a notice to quit, the amount of time the tenants have to vacate the property is:

    • At least two months when serving a Section 21 Notice.
    • 14 days when serving a Section 8 Notice.
    • Reasonable notice if using a Notice to Quit

    As property litigation solicitors we have experienced solicitors who advise individuals and businesses (large, medium or small), whether they be freeholders, leaseholders, or tenants on the procedures and considerations involved in resolving a wide range of disputes. Our experience in advising clients across the spectrum of property litigation gives our clients the benefit of our tactical expertise and wide-ranging knowledge of all aspects of the law in relation to land ownership. Our understanding of the aims and objectives of the other side during the course of litigation allows our clients to be confident in our ability to resolve disputes as quickly and efficiently as possible.

    More specifically, we routinely advise businesses and individuals on property disputes in relation to:

    • Terms of a Lease
    • Possession
    • Sale or purchase of a property
    • Development disputes
    • Professional negligence
    • Legal and beneficial ownership
    • Boundary disputes
    • Party Wall disputes
    • Forfeiture
    • Trespass
    • Adverse Possession
    • Service Charges

    The simple answer to this is maybe and it depends upon the type of dispute. If you are a landlord seeking to recover possession of your property then yes, unless the tenant vacates on their own, you must obtain a possession order from the court.

    However, there are multitude of other disputes which can arise in respect of residential property, and it is not always necessary to end up in court to obtain a resolution. These residential property disputes may encompass other breaches of leases by a tenant, failure to abide by the covenants within a lease, boundary disputes and nuisance disputes.

    All of these disputes can often be resolved via alternative dispute resolution such as round table meetings, formal mediation (in person or often now remote via zoom or Teams) as well as old fashioned negotiations. These ways of setting disputes can be more cost effective and considerably quicker than going to court and can be run alongside any court proceedings.

    At Hanne & Co we are experienced in resolving residential property disputes via alternative dispute resolution as well attending court when this is the only avenue left.

    Our services include:

    Your key contacts:
    ...
    Victoria Copeman
    Partner Head of Property Litigation & Dispute Resolution 

    Tel:02072280017

    ...
    Ravi Bhamra
    Solicitor Property Litigation & Dispute Resolution

    Tel:02072280017

    ...
    Sam Storey
    Solicitor Property Litigation & Dispute Resolution

    Tel:02072280017

    ...
    Jack Gowen
    Paralegal Property Litigation & Dispute Resolution

    Tel:02072280017

    ...
    Michael Penlington
    Trainee Solicitor Dispute Resolution

    Tel:02072280017

    Related News & Insights
    Browse through the latest industry insights, firmwide updates and upcoming event invitations from our team of experts.
    Send us a message

    For any enquiries, please call +44 20 7228 0017 or contact our property litigation solicitors via the form below.

    "*" indicates required fields

    This website is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply
    If you would like to provide your preferred pronouns or any reasonable adjustments we should be aware of, please do so in the message box above.
    This field is for validation purposes and should be left unchanged.
    What our clients say about
    Google Reviews
    Firmwide

    Highly recommended. Took all of the strain and stress during conveyancing and explained everything clearly and concisely.

    Legal 500
    Family & Divorce

    Over the period I found you to be professional, assured, confident and well-prepared dealing with the technical and complex. Sometimes issues were almost forensic. This was complimented by your ability to understand the personal anxiety that a client experiences as the process takes different directions and help with an empathetic approach which was much valued.

    Legal 500
    Family & Divorce

    Your great patience was much appreciated, your lovely approach to people made me feel like a friend rather than a client- that makes the trauma of divorce easier to get through. Thank you again for everything.

    Legal 500
    Child Care

    Despite your busy work schedule, you always made our case at the top of your priority list, you kept us calm and soothed our fears. Without your wonderful advice and your firm’s legal experience, we would not have the outcome we had. I would not hesitate to recommend your firm to anyone who needs a brilliant solicitor.

    Legal 500
    Family & Divorce

    A MASSIVE THANK YOU for your support, you were an angel. I really appreciate that and owe you a debt of gratitude.

    Legal 500
    Child Care

    I will never forget the feeling when I heard the outcome of the court ordering my children to be returned home. I cannot thank you enough for your assistance. Your legal expertise, professionalism and attention to detail went above and beyond my expectations throughout the course of my case. It was a pleasure doing business with you.

    Legal 500
    Child Abduction

    I just wanted to thank you for all the time, effort and meticulous attention to detail regarding my case over the past year or so.  You are always prepared to go the extra mile, working long hours and your ability to recall the smallest and often most significant details amongst a wealth of facts in my highly complex case never ceases to amaze me.  I appreciate all you have done and the manner in which you conducted my case and liaised with me throughout. It was very reassuring to have you on my side.  I do not know what I would have done without you.

    Direct
    Employment for businesses

    We are a multinational company and we have a subsidiary in the UK. The legal matters entrusted to Hanne&Co have always been resolved quickly, and explained very clearly.

    Direct
    Employment for businesses

    An efficient customer concentric business who are very halepful if you need legal advice or employment law training for your teams.