In favoured locations the real estate market remains strong. In other locations it is showing sporadic signs of growth and recovery. Nevertheless, the backlash of the slump and difficulties in obtaining and maintaining finance has inevitably resulted in parties exploring all possibilities to maximise their potential earnings. In leases, there has been a marked increase in disputes relating to compliance with terms to effect break clauses, dilapidations and the interpretation of rent reviews.
An inevitable result of the downturn is that purchasers are seeking to allege rescission arguments and are more likely to seek to attribute blame to an advisor due to an unprofitable venture. This has led to an increase in instructions relating to misrepresentation claims and professional negligence actions.
In general, we continue to notice a realistic approach on both sides of property disputes, with the parties involved recognising the hidden costs of disputes and being more open to achieving a settlement, often by alternative dispute resolution such as mediation.
Our real estate litigation team handles the full range of landlord and tenant work both in the UK and internationally. We offer straightforward, analytical advice to investors, developers, high profile occupiers and retailers on a wide range of property disputes regarding offices, retail, leisure, healthcare and industrial property.
Alongside our transactional property team, we can offer a seamless service to our clients and support them as and when disputes may occur. We advise on a variety of different property dispute issues involving asset management, contentious lease renewals, rent reviews, dilapidation claims, service charge disputes, recovery of rental arrears, forfeiture of tenancies, possession claims and boundary disputes.