REAL ESTATE DISPUTES E x p e r i e n c e
LAYTONS ETL Yarnwicke, 119 - 121 Cannon Street, London EC4N 5AT +44 (0)20 7842 8000 www.laytons.com
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E x p e r t i s e
REAL ESTATE DISPUTES With six specialist lawyers providing expert advice, we offer a highly experienced, partner-led, cost-effective service. We aim to resolve disputes quickly and pragmatically, to achieve the best outcome for all our clients.
We act for nationally and internationally recognised companies, as well as private individuals, in a wide range
AREAS OF SPECIALISM
of disputes. We also assist other law firms and their clients, including conveyancing firms that do not provide this specialist service. A significant part of our practice also involves acting for international clients and investors. Some of
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Rent Arrears
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Service Charge Disputes
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Forfeiture
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Dilapidations
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Landlord and Tenant Breaches of Covenant
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Lease Renewal and
advising an overseas Receiver on enforcement of assets
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Termination
in the UK following an International Freezing Order;
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Break Clauses
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Rights to Light
acting in a successful High Court claim following a joint
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Rights of Way
venture agreement and being awarded over 90% of our
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Development and Joint
costs;
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Venture Disputes
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Construction Disputes
acting for a bridging lender and LPA Receiver in the
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Planning
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Tax
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Insolvency
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Professional Negligence
our recent work has included: •
advising a major pharmaceutical company on the contentious disposal of a hospital site;
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sale of a high -end residential real estate in Surrey and successfully resisting threats by the borrower to apply to court for injunctive relief to prevent the sale of the property; •
Residential Property
acting on behalf of the Administrators of London Irish Rugby Football Club and advising on complex issues regarding security and priority of charges over the freehold training complex.
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Commercial Property
LAYTONS ETL
www.laytons.com
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Tenant Eviction
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Service Charge Disputes • Trespass
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Boundary Disputes
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Rights of Way
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Co-Ownership Disputes • Failure to Complete
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Tax
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Insolvency
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Professional Negligence
Rent Arrers We assist our clients to recover commercial rent arrears quickly and efficiently, using a wide variety of strategies, including the Commercial Rent Arrears Recovery Procedure, recovery from subtenants, previous tenants and guarantors, statutory demands and forfeiture.
Forfeiture
Lease Renewals and Termination
Sometimes, the most effective remedy available to landlords
We provide bespoke advice on renewal and termination
is to terminate the lease and re-let the property as soon
of leases including both hostile and non- hostile court
as possible. We advise both landlords and tenants on the
proceedings under the Landlord and Tenant Act 1954.
procedure, including the most efficient way of obtaining possession, dealing with goods left at the premises and the next steps in terms of recovering any claim for rent arrears and damage to the property. We also advise tenants on relief from forfeiture and potential remedies against landlords.
Dilapidations We regularly advise both landlords and tenants on commercial dilapidations claims and have access to an extensive panel of specialist surveyors. We advise on all aspects of dilapidations claims, including enforcing liability during the lease, terminal dilapidations claims and quantifying losses under Section 18 of the Landlord and Tenant Act 1927. We provide specialist bespoke advice to clients looking to relet their properties including as to how any potential works will affect any dilapidations claims.
Residential Possession Proceedings We act in all areas of residential possession, including trespassers, residential tenancies and termination of leases. We regularly advise on Section 21 and Section 8 Notices, as well as the extensive technical requirements behind these. We provide a highly effective service to obtain possession as quickly and efficiently as possible.
Co-Ownership Disputes We frequently advise on disputes over joint ownership of property, whether these are commercial joint ventures, unmarried couples or other trusts of land and provide highly effective technical expertise to obtain the best possible outcome.
Insolvency We frequently advise Insolvency Practitioners in their capacity as office-holders whether it be a corporate or individual insolvency and provide expert advice on the implications of insolvency affecting freehold as well as leasehold interests. This includes advice on forfeiture, dilapidations claims, landlord claims in a company voluntary arrangement, disclaimer and drafting business sale agreements including the sale of freehold and leasehold property and licence agreements.
Alternative Dispute Resolution •
Arbitration
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Adjudication
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Mediation
At Laytons we recognise the importance of using non-court methods for resolving disputes as they are quicker and less costly than litigation. Our team is trained and experienced at representing clients at mediations and arbitrations who understand the need to obtain a resolution which falls in line with the client’s objectives. Underlying our commitment to Alternative Dispute Resolution, the firm has three trained mediators and a practicing arbitrator.
MEET THE TEAM Robert Clark
Partner | Head of Real Estate Disputes
Robert has specialised in Real Estate Disputes since qualifying as a solicitor and is experienced in all aspects of commercial and residential property disputes. He regularly advises other law firms and acts for a range of commercial
robert.clark@laytons.com
and private clients, including nationally recognised developers, retail clients
+44 (0)20 7842 8066
Association.
Guy Bate Partner
and shopping centres. Robert is also a member of the Property Litigation
Guy specialises in all aspects of Real Estate Disputes. He has extensive experience dealing with commercial landlord and tenant issues and transactional problems. He advises developers, investors and occupiers
guy.bate@laytons.com
including institutional funds, family offices, professional service firms
+44 (0)7780 705 494
representative for his clients.
Will Slater Partner
will.slater@laytons.com +44 (0)20 7842 8055
Maximilian Kraitt Associate
max.kraitt@laytons.com +44 (0)20 7842 8027
Rachel Weir Associate
and retailers. He advises in plain and pragmatic terms and is a robust
Will is a Partner and experienced Real Estate Litigator, known for his commercial advice and his ability to achieve clients’ objectives through litigation, mediation, negotiation, or a combination of all three. He acts for a number of national housebuilders and has a particular interest in restrictive covenants, easements and boundary issues, as well as regularly advising on business lease disputes. He also specialises in professional negligence claims within the real estate sector, including claims against surveyors, solicitors and valuers.
Max advises on a wide range of residential and commercial real estate disputes, with experience acting for high‑net‑worth individuals, landlords, tenants, co‑owners, developers, receivers, and large property‑holding entities. His practice includes trust and co‑ownership disputes, possession and eviction claims, breach of covenant issues, service charge and repairing obligation disputes, landlord and tenant matters, and insolvency‑related property disputes.
Rachel joined the team as an Assoicate in 2022 and has experience advising on commercial and residential property disputes, including residential possession proceedings, renewal and termination of leases, and breach of
rachel.weir@laytons.com
covenant and right of way disputes. Rachel also supports the Restructuring &
+44 (0)20 7842 5488
individual insolvency matters.
John Abbott FCIArb Consultant
Insolvency team at Laytons and has experience advising on corporate and
John is an arbitrator and a mediator. He is a Fellow of the Chartered Institute of Arbitrators, and he is accredited by the Civil Mediation Council to act as a mediator. John is also a long-standing member of the Property Litigation
john.abbott@laytons.com
Association. He has extensive experience of property related disputes in which
+44 (0)20 7842 8063
mediator.
he has represented parties and where he has been an appointed arbitrator or
Expertise Arbitration Banking & Finance Commercial Corporate Data Protection & Information Disputes Employment IP & Technology Private Wealth & Philanthropy Real Estate Corporate Real Estate Disputes Real Estate Investment & Finance Restructuring & Insolvency Tax
LAYTONS ETL Yarnwicke, 119 - 121 Cannon Street, London EC4N 5AT +44 (0)20 7842 8000 www.laytons.com