Property Litigation

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 involving noise or other disturbances that infringe upon a tenant’s legal right to quiet enjoyment of their 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.