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Litigation & Disputes

Property Disputes

Commercial Property Disputes

We act for commercial landlords and commercial tenants alike over a wide range of commercial property disputes. As we act for both landlords and tenants; we are well placed to anticipate arguments, issues and problems raised by the ‘other side’. This coupled with our extensive experience enables W Davies to provide the most cost-effective, practical resolution of the dispute.

We are also acutely aware of the commercial realities in the current market and fully understand that an overly heavy-handed approach to a dispute and problem could be counter-productive.

Lease Renewal

Commercial tenants may have a statutory right to renew their leases under the Landlord & Tenant Act 1954 unless their landlord can demonstrate a recognised ground of refusal. If the landlord disagrees with a tenant’s entitlement to a renewal of their lease or a dispute arises over the terms of renewed lease, the court can ultimately decide.

W Davies regularly act for either landlords or tenants in these disputes and can guide clients through the process with or without the courts’ involvement with a view to resolving the disputes as quickly and as cheaply as possible.

Breach of Covenant / Lease Disputes

W Davies regularly acts for either landlords or tenants in ‘breach of covenant’ disputes. Such disputes include non-payment of rent/service charge, dilapidations, disrepair and failure to repair, unauthorised alterations, parting with possession or carrying out unauthorised activities on commercial premises as well as tenant/landlord insolvency issues.

Often such disputes involve the interpretation of a particular clause or covenant in a poorly worded lease. Not only does W Davies have considerable litigation expertise in dealing with such issues, we can also draw on our considerable non-contentious expertise in our Commercial Property Department – Graham Mott at gm@wdavies.com.

If you have any issue with your commercial lease and would like further help and assistance, then please call us and we will let you know how we can help you.

For more information or to make an appointment with a solicitor in Woking, please contact Andrew Cohen at aec@wdavies.com

Residential Property Disputes

W Davies has wide ranging and extensive expertise and experience of all disputes affecting land, including all residential landlord and tenant issues.

We appreciate a dispute involving residential property involves someone’s home, and our careful approach reflects this. We aim to make the often complicated dispute resolution process as easy as possible to live with in what are often very difficult circumstances.

Land Disputes

Disputes and litigation involving land and its ownership cover a broad range of areas, and often overlap. W Davies will liaise extensively with you and instruct suitable experts (surveyors, horticulturists, tree surgeons etc) where necessary in order to help secure the best possible outcome in the quickest time, either through the court process or by an out of court settlement or agreement.

Areas of our expertise include:

  • Boundary disputes
  • Trespass
  • High hedges and garden fences
  • Party Wall disputes
  • Adverse possession/squatters
  • Noisy or problem neighbour disputes
  • Rights of occupation
  • Co-ownership disputes and issues
  • Rights of way and other similar rights
  • Water ingress/damp
  • Nuisance
  • Mortgage arrears and re-possession.

Landlord & Tenant Issues

Most residential tenancies are now classified as Assured Shorthold Tenancies (‘AST’) and are highly regulated. W Davies can advise on all AST issues for both landlords and tenants alike. We can also advise on other classifications of tenancy (including long residential leases). W Davies regularly assists landlord and tenants in the following common areas, as well as more unusual disputes:

  • Possession claims including eviction of squatters
  • Recovery of rent arrears and service charges
  • Disrepair
  • Tenancy deposit disputes
  • Defective Notice period issues.
 

For more information or to make an appointment with a solicitor in Woking, please contact Craig Batko at cb@wdavies.com or Andrew Cohen at aec@wdavies.com.