What We Do
Our Property Litigation team acts for a broad range of clients, including retailers, developers, investors, financial institutions, educational establishments, charities and property managers. We advise on all types of commercial property litigation including:
- Contentious and non contentious business lease renewals
- Rent and service charge recovery (including distraint, court proceedings and insolvency proceedings)
- Dilapidations claims
- Disputes over breaches of covenant including forfeiture/relief applications
- Service charge disputes
- Recovery of land or premises from unlawful occupiers/squatters
- Lease surrender negotiations
- Disputes over consent to assignment/sub-let/change use/alterations
- Disputes with owners of neighbouring properties over boundaries, easements (e.g. rights of way, rights to park; rights to light), breaches of covenant, trespass, nuisance, adverse possession
- Leasehold enfranchisement for commercial landlords, for example dealing with residential leaseholders' applications to extend a lease, buy the freehold or exercise the right to manage and serving right of first refusal notices
- Residential possession actions/rent recovery for commercial landlords
Recent Property Litigation Deals
- Acted for a London property investor/developer in serving hostile notices on the tenants of a multi occupied building in Central London and securing agreements for surrender to facilitate a multi million pound redevelopment of the building.
- Acted for two developers in obtaining a court order for possession defeating a claim for adverse possession to a strip of land occupied by owners of a neighbouring estate to enable a multi-million development to proceed.
- Acted for an institution in obtaining vacant possession of a phone mast site from a telecoms operator in order to facilitate a proposed multi million pound development of a large site in Sheffield.
"Irwin Mitchell’s property litigation team gives extremely sound, commercial advice which is valued by professionals and clients alike." - Legal 500, 2013
The property litigation team at Irwin Mitchell are also noted for being "Responsive, and keen to offer solutions rather than just point out problems." - Legal 500, 2013
This real estate litigation team is praised by sources for being "business-focused" and "providing realistic, beneficial advice." - Chambers and Partners 2013
Department head Danny Revitt is praised for his "excellent knowledge, together with pragmatism and a willingness to seek a negotiated conclusion." - Chambers and Partners 2013