Property Litigation Solicitors

Property disputes can be complex, time-consuming and costly, causing significant stress for property owners, landlords and tenants alike. Issues with portfolio management, disputes with your landlord or tenant, or suffering loss as a result of property advice provided by an expert in their field can disrupt both personal and commercial interests. Concerns like these require swift and effective resolution to minimise further complications.

At JMW, our expert team of property litigation solicitors is here to provide the legal support you need. We specialise in resolving a wide range of commercial and residential property disputes by offering practical, tailored advice to protect your rights and interests. With a proven track record in resolving property disputes for individuals and well-known commercial entities, we work closely with clients to find cost-effective solutions, whether through negotiation, mediation, or, when necessary, litigation.

Our team has extensive experience handling disputes efficiently while striving for the best possible outcomes. No matter how complex the issue, JMW is committed to delivering expert advice and support, to resolve your property matters with minimum disruption.

If you are experiencing a property dispute and are seeking legal advice, get in touch with our property litigation specialists on 0345 872 6666, or fill in our online enquiry form to request a call back at a convenient time for you.

Our Property Litigation and Dispute Resolution Services

At JMW, we offer a comprehensive range of property litigation and dispute resolution services designed to address both commercial and residential property disputes. Our experienced team of property litigation lawyers provides tailored legal advice to individuals, businesses, landlords and tenants, helping them navigate a wide variety of property-related conflicts.

JMW’s property litigation team handles disputes across several key areas, including:

Landlord and tenant disputes, covering issues such as rent arrears, lease renewals, service charge, and unlawful eviction.

Boundary disputes, conflicts over land ownership and rights of way.

Our team combines expertise in property litigation with a strong focus on alternative dispute resolution (ADR) methods, such as mediation and arbitration, to resolve issues efficiently and avoid lengthy court proceedings wherever possible. With extensive experience in real estate disputes, we provide practical, results-oriented advice to guide you through every stage of the process.

We understand that property disputes can cause significant disruption, both financially and personally. That's why we work closely with our clients to develop strategies that meet their objectives while minimising costs and delays. Whether the issue involves a residential property or commercial property transaction, our focus is always on achieving the best possible outcome with minimal disruption to your day-to-day operations or personal life.

Our specialist property litigation solicitors, many of whom are ranked in leading directories such as Chambers UK and Legal 500, are committed to delivering exceptional service. We pride ourselves on providing realistic, tailored solutions that protect your interests and resolve property law disputes in a cost-effective, efficient manner.

Commercial Property Disputes

Commercial property disputes can lead to financial and operational disruptions that have a significant impact on businesses, for both landlords and tenants. JMW’s team of specialist property dispute solicitors provide expert advice to resolve these conflicts efficiently, helping to protect your business interests.

We can assist clients with a wide variety of commercial property disputes, including:

Rent arrears: Helping landlords recover unpaid rent through negotiation or legal action, and advising tenants on resolving arrears disputes while protecting their rights.

Breach of lease agreements: Addressing violations such as unauthorised subletting, property misuse, or failure to comply with maintenance obligations, and providing solutions to enforce or defend lease terms.

Service charge disputes: Advising on disagreements over the calculation, reasonableness, or payment of service charges, ensuring clarity and fairness for both parties.

Lease renewals: Assisting with contested or complex lease renewal negotiations, including disputes under the Landlord and Tenant Act 1954.

Break clause disputes: Helping clients navigate issues around the activation or enforcement of break clauses in compliance with conditions and protecting their legal position.

Dilapidations claims: At the end of a commercial lease, disputes over the condition that a property is left in by the tenant regularly arise. We represent both landlords and tenants in negotiating fair settlements and protecting their financial interests.

Rent reviews: Advising on disputes arising from rent review clauses, including disagreements over market rent valuations, calculation methods, or interpretation of lease terms, pursuing fair outcomes for landlords and tenants.

Our team uses ADR methods wherever possible to avoid costly court battles, but when litigation is required, we are fully prepared to advocate on your behalf. We work closely with clients to align our legal strategies with their business objectives and will help you achieve the most favourable outcome with minimal disruption to your operations.

Visit our commercial property litigation services page to find out more.

Residential Property Disputes

Residential property disputes can be highly stressful, often affecting your home, relationships with neighbours, or financial stability. At JMW, our experienced property dispute solicitors are here to guide you through these situations with practical, expert advice designed to protect your interests and resolve the issue as efficiently as possible.

Our property litigation team handles a broad range of residential property disputes, including:

Neighbour disputes: Disputes over boundaries and rights of way are common and can escalate quickly if not addressed. We work to resolve these matters amicably, avoiding the need to involve the court where possible.

Unlawful eviction claims: Representing tenants who have been unlawfully evicted, ensuring their rights are protected and appropriate remedies are pursued.

Disrepair and maintenance issues: Assisting tenants in holding landlords accountable for necessary repairs and maintenance or defending landlords against unfounded claims.

Tenancy deposit disputes: Advising tenants on disputes regarding the return of deposits or landlords defending claims over properly deducted amounts.

Residential evictions: Advising landlords on the legal process for repossessing their property, including Section 8 and Section 21 notices, and complying with the law to avoid potential penalties.

Boundary and rights of way disputes: These conflicts can affect the value and use of residential properties. Our solicitors help resolve such issues swiftly while upholding and respecting property rights.

Ownership and TOLATA disputes: Disagreements between co-owners of property can be complex, particularly when it comes to trusts of land or joint ownership arrangements. We provide clear, decisive advice to help clients navigate these disputes and protect their ownership rights.

Lease extensions: Guiding leaseholders through the process of extending a lease, including negotiating terms with freeholders or pursuing legal action when necessary.

Leasehold enfranchisement: Advising leaseholders on their right to collectively purchase the freehold of their building, ensuring they fully understand their rights and obligations.

Ground rent disputes: Resolving disagreements over ground rent charges, including challenging unreasonable demands or helping landlords recover overdue payments.

Service charge disputes: Assisting leaseholders in challenging unreasonable or inaccurate service charge demands, as well as advising landlords on recovering unpaid charges while complying with legal obligations.

Our goal is to settle residential property disputes as swiftly and as cost-effectively as possible, ideally without the need for court action. However, if litigation becomes necessary, we are fully equipped to represent you in court, protect your property rights and deliver the best possible outcome.

With a strong focus on minimising disruption to your personal life and maintaining relationships where possible, JMW’s property litigation solicitors are committed to helping you achieve a fair resolution, allowing you to move forward with peace of mind.

Property Litigation FAQs

What is the property litigation process?

The property litigation process varies depending on the specific circumstances of your dispute. While not all cases will follow the same steps, understanding the general process can help you anticipate what to expect. At JMW, we tailor our approach to suit your individual needs, guiding you through the most appropriate steps to resolve your dispute as efficiently and effectively as possible.

Here’s an overview of the typical property litigation process:

Initial consultation: We will discuss the details of your dispute and provide an early assessment of your legal position. At this stage, we will outline your options and offer realistic advice on how best to proceed.

Pre-action: Before formally starting litigation, we aim to resolve the dispute through pre-action steps, such as sending a letter before action to the opposing party. This letter sets out your legal claim and invites a response, giving both sides an opportunity to settle the matter without going to court.

Negotiation and ADR: At this stage, we often recommend exploring ADR methods to help resolve disputes faster and more cost-effectively, while also maintaining relationships between parties.

Issuing proceedings: If the dispute cannot be resolved through negotiation or ADR, the next step is to issue formal proceedings in court. We will draft and submit the necessary documents, presenting your case clearly and effectively to the court.

Court proceedings: The litigation process involves the exchange of evidence, witness statements, and other legal documents, followed by court hearings. Throughout this phase, we keep you informed and handle your case efficiently and professionally. We aim to represent your interests in the strongest possible terms to secure a favourable outcome.

Judgment and post-litigation steps: Once a judgment is issued, we assist with any post-litigation steps, such as enforcing court orders or negotiating settlements if required. Our goal is to bring the matter to a close as quickly as possible and confirm that the dispute is fully resolved.

If you are unsure how this process might apply to your specific case, our expert property litigation solicitors are here to help. Contact JMW today to discuss your situation and receive tailored advice on the best course of action to resolve your dispute.

Can property disputes be resolved without litigation?

In many cases, property disputes can be resolved without going to court, saving time, money and stress. While the suitability of alternative dispute resolution methods depends on the specific circumstances of your case, these approaches are often effective in reaching a settlement that benefits all parties. At JMW, we help clients explore these options first, tailoring our approach to the needs of your dispute.

Here are the key ADR methods our property litigation team will employ to settle disputes without litigation:

Negotiation: Often the simplest and most direct method, negotiation allows both parties to discuss their issues and reach a settlement with the assistance of legal representation.

Mediation: Mediation involves the use of an independent mediator to facilitate discussions between the disputing parties. The mediator doesn’t impose a decision but helps guide both sides towards a mutually acceptable agreement. Mediation is confidential and a flexible option for many types of dispute.

Arbitration: Arbitration is a more formal ADR process, where an independent arbitrator hears both sides of the dispute and makes a binding decision. This method is commonly used in commercial property disputes, and offers a quicker and more private alternative to litigation, with the advantage of a binding resolution.

Adjudication: Frequently used in construction disputes and issues involving property development, adjudication involves appointing an independent adjudicator to make a decision, which is typically binding. This is a fast-track process, designed to provide a temporary or final resolution within a set timeframe, which makes it particularly useful for resolving urgent disputes during ongoing projects.

Early Neutral Evaluation (ENE): ENE involves presenting your case to an independent evaluator, often a legal expert or judge, who provides a non-binding assessment of the likely outcome should the dispute proceed to court. This method gives both parties an early indication of the strengths and weaknesses of their cases, encouraging settlement based on the evaluation.

At JMW, we tailor our approach to resolving disputes based on the unique circumstances of each case. To learn more about whether these ADR methods might be suitable for your property dispute, contact our experienced property litigation solicitors today. We are here to provide clear, personalised advice and guide you towards the best resolution for your situation.

Learn more about our alternative dispute resolution services.

Talk to Us

If you are facing a property dispute and need expert legal advice, JMW’s team of specialist property litigation lawyers is here to help. Whether you are dealing with a commercial or residential property issue, we offer tailored, practical solutions designed to protect your interests and resolve your dispute efficiently.

With extensive experience in property law and a proven track record in achieving favourable outcomes, we are ready to assist you at every stage of the process. Call us today on 0345 872 6666, or fill in our online enquiry form to request a call back at your convenience.

Property Litigation Solicitors