Property Dispute Resolution

Commercial, proactive and cost-effective strategic support



Get in touch

For further advice please contact us for a consultation.

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+44 (0)3330 143 401 info@gunnercooke.com

A highly-reputable team with experience in high-profile, pivotal and complex real estate disputes, providing effective strategic advice for landlords, developers, investors, occupiers and management companies.

Summary

Working as an integral part of our real estate practice, our specialist property litigators pride themselves on their business-focused approach. We understand your commercial objectives and are skilled at identifying and resolving issues at an early stage. The depth of experience in our team allows us to confidently resolve complex commercial, residential and agricultural property issues.

We provide advice during the negotiation and documentation of transactions, with a view to avoiding or minimising the cost and disruption of any subsequent dispute. Our team offers risk analysis and assessment of investments, alongside our transactional colleagues, helping you manage risk at an early stage. Our practical and innovative advice is based on detailed working knowledge of the property sector.

Where disputes have arisen, we provide solution-focused advice. Our work is delivered with cost predictability, with fixed fees and shared-risk fee arrangements offered whenever possible. We will be robust litigators when we need to be: all of the partners in the team have leading cases under their belts, but recognise that litigation is a last resort. As effective negotiators, we will concentrate on finding a commercial containment of risk to effectively protect our client’s interests.

Our work in Property Dispute Resolution includes:

 Transactional support

  • Risk analysis and assessment
  • Asset management and improvement
  • Portfolio acquisitions
  • Lease regearing
  • Rights renegotiation
  • Policy and practice advice
  • Shortfall reduction related to repossessed portfolios

Landlord & Tenant

  • Dilapidations, alterations and repairs
  • Breach of covenants
  • Lease renewals and complex rent reviews
  • Service charge disputes
  • Lease termination; forfeiture, surrender, break options, notice to quit
  • Recovery of rent and service charges
  • Assignments, underletting and change of use
  • Insolvent tenants

Real Estate

  • Boundaries
  • Public/private rights of way
  • Access issues
  • Rights of light
  • Restrictive covenants and overage
  • Nuisance
  • Removal of squatters, trespassers and travellers

Development

  • Site clearance
  • Contractual disputes
  • Neighbourhood engagement
  • Joint ventures
  • Option agreements
  • Failures to complete
  • Warranty claims
  • Partnership and company disputes

Utilities and Telecommunications

  • Placement and removal of plant and telecommunications masts
  • Professional Negligence
  • Claims against solicitors, valuers, surveyors and property management companies
  • Property Fraud
  • Recovery actions in cases of property-related fraud

Tax

  •  Tax advice on settlement agreements
  • Tax advice on court order implementation

Notable cases

  •  Acting for a Bank in relation to a substantive four-phase development, successfully managing risk and exposure on lending
  • Acting for a PLC in pursuing a former guarantor in a complex claim relating to occupation under six different leases, under the threat of insolvency of the debtors. Despite absolute denial of liability by the individual guarantors, a substantial settlement sum was obtained for the client.
  • Advising in relation to the removal of existing tenants in a landmark building in a city centre location. Detailed advice given prior to purchase to enable the management of the risks involved in obtaining vacant possession to enable a significant re-development.
  • Acting for the developer in the clearance of a substantial, city-centre mixed-use site with a telecommunications mast in situ.
  • Acting for a property development company in a complex matter against a national housebuilder in order to protect access rights to a potential future development site.
  • Advising on restrictive covenant issues on a site assembly project for a multimillion-pound development.
  • Acting for an international alloy distributor in injunction and declaration over right of way.
  • Acting to resolve a substantive boundary issue relating to a site abutted by both agricultural and residential property.
  • Acting for a group of international investors who had bought off plan in a high profile fraudulent scheme to recover funds from the fraudulent developer and negligent advisors.
  • Acting for a commercial enterprise in relation to the validity of a Break Option over a property in central London, with significant rental implications.
  • Providing specialist VAT and SDLT advice in connection with implementation of a complex Court Order

Who have our partners worked with?

  • Landlords & Tenants
  • Developers
  • Property Investors and Banks
  • Property/Estate Managers
  • Occupiers
  • Utility Providers

Client testimonials

“A particularly good litigator, with excellent client care skills.”

“A competent, efficient, understanding and delightful person. Her knowledge and insight have been invaluable to me.”

“She knows her stuff and is passionate about achieving the best result for her client.”

“Down to earth, very approachable and professional.”

“There is nobody like him on our panel, his success, along with a burning desire to win every time makes him an essential part of our business.”

“Knowledgeable, extraordinarily efficient and clear from the outset about my situation and the associated fees.”

“Supportive in a stressful time for us and clear communication about cost and time; very good indeed.”

Key contacts

David Curd

Partner

Dispute Resolution

Jen Morris

Partner

Property Dispute Resolution

Jon Redding

Partner

Property Dispute Resolution

Tom Seabrook

Partner

Property Dispute Resolution

Ken Smith

Partner

Property Dispute Resolution

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