• Our specialist Property Litigation team is highly experienced in handling property and land disputes. Whether you are a commercial tenant or landlord, we are here to help.

    We often act in complex or multi-faceted cases and deal with disputes as swiftly and commercially as possible.

    Why choose our Property Litigation team?

    We take a pragmatic approach to the resolution of disputes and adapting to wider circumstances, particularly during the coronavirus pandemic.

    Our team are skilled negotiators who regularly use alternative dispute resolution (ADR) methods such as arbitration, adjudication and mediation. These processes are often quicker and cheaper than litigation and can help to preserve relationships.

    We advise a variety of clients, including government departments, local authorities, NHS Trusts, private landowners, housing associations, educational establishments, agricultural businesses and charities.

    This broad range demonstrates our adaptability and proven ability to help and effectively communicate with a range of people, organisations and businesses. Every client is valued and appreciated.

    Recognition of our expertise

    Our Property Litigation team is highly ranked by leading legal directory The Legal 500.

    Partner Allis Beasley was named as a “Leading Individual” in the 2022 directory. Partners James Millis and Michael Oatham were rated as “Recommended Lawyers”.

    The team was also ranked in in the Chambers and Partners 2022 directory, and Allis Beasley was individually recognised for her expertise.

    Allis is a Solicitor Advocate, Accredited Mediator and a part-time Judge in the First-tier Tribunal (Property Chamber). She has been appointed to the Expert and Mediation Panels of the Agricultural Law Association.

    Our lawyers are also members of the Property Litigation Association.

    Find out more about our awards, accreditations and partnerships.

    How we can help

    The team can advise on:

    • Property disputes including covenants, easements, boundaries, and trespass
    • Landlord and tenant disputes (commercial and residential)
    • Possession proceedings and eviction
    • Chancel repair liability claims
    • Condition of property and dilapidation claims
    • Arrears of rent and service charge recovery disputes
    • Developer disputes

    How to contact us

    Our solicitors are based in Maidstone and Canterbury and are ready to help with any legal advice you need.

    You can call us on 01622 690691, email us or use the contact form on this page.

  • Case Studies

     

  • We acted for a mortgage lender following a challenge made by a debtor. The challenge arose from standard documentation used by the client, and so the challenge could have set a precedent which would apply to all mortgagees on the same terms and conditions.

    We successfully assisted our client through a trial in the Property Chamber, First-tier Tribunal, an appeal to the Upper Tribunal (Lands Chamber), and an application by the debtor for judicial review.

    We were also successful in helping our client to defeat parallel proceedings issued by the debtor in the High Court, bringing claims for damages.

    Proceedings for possession of the property were also issued by another mortgage lender in the County Court. This lender is the first mortgagee which is registered against the title to the property.

    Successfully managing the various different parties and the proceedings in the differing courts was a significant challenge. We were able to accomplish this while also being mindful of the legal precedent which this case could set.

  • We assisted our client with terminating its occupation of a substantial premises in London.

    This involved exercising a break option in the client’s lease and developing a strategy for compliance with the break conditions which included payment of rent, giving up occupation and leaving behind no continuing sub-tenancies. (The matter was complicated by the fact that the client had granted several sub-tenancies.)

    We also advised the client on its potential liability for dilapidations and reinstatement under the lease.

    This was a crucial matter for the charity, as if the lease had continued for the remaining five years of the term, it would have had severe financial consequences.

  • We acted for a company (the landlord and owner of a property) that issued proceedings for forfeiture of a residential tenancy on the grounds that the tenant had carried out unlawful alterations in the property.

    Our client’s case was that the unlawful alterations were affecting the structural integrity of the building, causing severe cracking.

    The main challenge of the case was the disputed expert evidence. The experts expressed very different and opposing evidence about the causes of the structural damage at the property.

    This forced the case to go to trial, so that the Tribunal could adjudicate on whether the tenant was in breach of covenants, and if so, whether the breach of covenants caused the cracking at the property.

    The First-tier Tribunal (Residential Property) found in our favour, ruling that the tenant had breached covenants in the tenancy by carrying out unauthorised alterations.

    Part of the judgment was appealed to the Upper Tier Tribunal (Lands Chamber) to establish whether the unauthorised alterations were the cause of the cracking. We were successful in this appeal.

Key Contacts - Property and Land Disputes:

Meet the Team:

  • I have been impressed from the start by the professionalism of the whole team.

    The Legal 500 2022

  • Brachers has a great client focus that enables an easy working and very productive relationship that is uncomplicated, efficient and respectful of our business.

    Chambers & Partners 2022

  • I feel Brachers are a forward-thinking firm with a diverse range of specialisms, they have an excellent team who are responsive and friendly. They collaborate well if a piece of work requires a multi- disciplined approach.

    The Legal 500 2022