Practice Areas | Property Litigation
SJ Berwin's Property Litigation Group forms part of the overall service provided to clients by the Real Estate Division.
The Group acts for all the Division's main clients, from advising on the efficacy of sale and purchase provisions or proposed new lease terms to the conduct of full blown court proceedings in order to resolve disputes.
Within this range of activity, the Group advises on a variety of tricky problems. These are some examples.
- Whether a landlord should consent to a proposed assignment or sub-letting.
- Whether a break notice has been validly served, or the conditions for effectively operating the break have been complied with.
- Obtaining possession of multi-let business premises in circumstances where the tenants are entitled to renew their leases, but the landlord wants possession for redevelopment.
- Advising on the interpretation of a rent review clause, or other ambiguous lease wording.
- Advising in relation to the landlord's rights and remedies on the insolvency of a tenant.
Then there is the legal action to be pursued, most often to obtain the best possible settlement for the client.
For example:
- Arbitration or expert determination of a contested rent review.
- County court litigation of a contested lease renewal or service charge.
- High Court litigation to enforce dilapidations, rights of light, restrictive covenant or nuisance claims, or some other dispute between a landlord and tenant, vendor and purchaser, or adjoining owners/occupiers.
The majority of disputes, either before or after legal action, are settled pre-trial through mediation or direct negotiation. The Group has extensive experience of mediation and other forms of alternative dispute resolution.
Apart from the work itself, Group members regularly appear in print in the property press. The Group also offers a number of seminars and presentations, both at 10 Queen Street Place and clients' offices.
These are some of the topics covered.
- Alienation
- Break clauses
- Dilapidations
- Forfeiture
- Landlord and Tenant Act 1954
- Rent review
- Tenant insolvency
For further details about these seminars, please contact Jackie Smith on +44 (0)20 7111 2283 or jackie.smith@sjberwin.com
Click here to view the Real Estate Division's brochure.
Contact names
Metliss, Michael Partner+44 (0)20 7111 2235
michael.metliss@sjberwin.com
Juden, Jason Partner
+44 (0)20 7111 2963
jason.juden@sjberwin.com
Jarvis, Claire Associate
+44 (0)20 7111 2544
claire.jarvis@sjberwin.com
