Real Estate Disputes

Major clients, including developers, owners, property institutions, financial institutions, hoteliers, retailers and insolvency practitioners, turn to us when things go wrong.

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We will help you avoid disputes, identify and manage risk at an early stage by resolving problems through negotiated settlements, the use of ADR and mediations.

Sometimes disputes will inevitably turn litigious, and when they do we will deal with the entire process for you, drawing on our experience in Magistrates Courts, County Courts, Administrative Courts, Companies Court, High Court and Court of Appeal, as well as in expert determinations and arbitrations and the First Tier Tribunal (Property Chambers) and Upper Tribunal (Lords Chamber).

Our residential property litigation team brings together specialist skills from our landlord and tenant litigation and real estate departments. We help landlords, individual tenants and tenant groups with collective enfranchisement claims and individual lease extension claims under the Leasehold Reform, Housing and Urban Development Act 1993 and claims under the 1967 Leasehold Reform Act.

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RTM mixed residential and commercial dispute

Acting for the defendant right to manage (RTM) company in relation to a mixed residential and commercial block. The commercial tenant is claiming that the RTM company is obliged to carry out extensive works to stop water ingress to their …

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Acquiring freehold with an absent landlord

Acting for the tenants of a block of flats in West London in relation to their claim to acquire the freehold of the building where the landlord, a Liberian registered company, has gone missing. This included successfully obtaining an acquisition …

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Amanda Burge comments on Channel 4 News about the Chelsea Reach houseboat owners and the purported termination notices served on some of her clients

Head of Dispute Resolution Amanda Burge who is representing the houseboat owners in Chelsea Reach has commented on Channel 4 News about the purported termination notices served on some of them. The comment is part of a longer feature on houseboat owners and their …

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Our Experience

    • Defending a client in relation to 58 business rates mitigation schemes (Trafford Borough Council –v- Lunar Stretford SARL) in the Trafford Magistrates Court
    • Acted for a client to obtain a declaration as to the interpretation of an alienation covenant in the High Court and Court of Appeal (Lunar Retail SARL v Warborough Investments Limited)
    • Acted for a client to obtain specific performance of a sale and purchase agreement in the High Court (Charlton Walsall v Mohstart)
    • Acted for a client in the High Court and Court of Appeal (PGF II SA –v- OMFS Company 1 Limited) in relation to the unreasonable refusal to mediate by an opponent
    • Acted for a client in the High Court defending proceedings as to who owns part of the river Thames (which involved the Court acknowledging ancient mooring rights in the River Thames) (Port of London Authority –v- Tower Bridge Yacht and Boat Company Limited)
    • Instructed in the widely publicised case in the High Court seeking to ensure that a prestigious listed building at Cavell House Trafalgar Square was not taken over by the “Occupy London” movement on Christmas Eve (Greencap Limited –v- persons unknown)
    • Following an unsuccessful mediation, resolved proceedings that had been issued against her client in connection with the dispute of the beneficial ownership of properties and managed to discharge a freezing injunction that had been obtained in the Companies Court (F Options –v- Prestwood Properties Limited)
    • Successfully settled a dispute regarding the separation of property assets for an individual client (Walpole –v- Benham)
    • Defending proceedings for the return of a severance payment and rent deposit in the sum of £2.1million in the High Court of Justice regarding a prestigious building in Leicester Square (Interguide Limited –v- EID Limited and Central London Investments Limited)
    • Successfully settled proceedings issued by Signal Properties for circa £2million regarding an alleged failed break notice at the property in Bradbury (Signal Properties Limited –v- Mountrose Limited)
    • Instructed in connection with judicial review proceedings against Reigate and Banstead Borough Council, and at the same time defending injunctive proceedings that had been issued against the client by Reigate and Banstead Borough Council for the transfer of property to Reigate and Banstead Borough Council (Prestwood Properties Limited v Reigate and Banstead Borough Council)
    • Successfully settled proceedings issued against Westminster City Council for unpaid service charges in excess of £2million (NCP v Westminster City Council)
    • Acted for a client to successfully obtain an injunction to restrain a trespass and damages (Abbey Commercial v Garnade)
    • Obtained a third party pre-action disclosure order (Webb v Seddons)
    • Acted for a mooring owner in the administrative Court in relation to obtaining relief against the Port of London Authority requiring it not to remove ancient moorings from the River Thames (Charles Hay v Port of London Authority)
    • Acting for shareholders in connection with obtaining an injunction in the Companies Court regarding the allotment of B shares (Stallecker v Learning Enterprises).
    • Acting for a landowner in connection with a section 84 application regarding the modification of a restrictive covenant in the Upper Tribunal and successfully settling the dispute (Bovis v PJ Thibault)
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Hamlins LLP’s “always responsive, commercial and knowledgeable” team has notable experience acting for clients in proceedings before the High Court, Court of Appeal and Upper Tribunal, and is also highly regarded for its expertise in alternative dispute resolution.

Legal 500 2017 - Property Litigation

Clients appreciate Hamlins LLP’s “really impressive”, comprehensive practice.

Legal 500 2017 - Property Litigation

Kate Andrews as practice head “works her socks off for clients and has strong commercial instincts”.

Legal 500 2017 - Kate Andrews

Clients appreciate Hamlins LLP’s “really impressive”, comprehensive practice.

Legal 500 2016 - Property Litigation

Kate is described as “a great property expert” by market sources.

Chambers 2018 - Kate Andrews

Clients praise Kate for being “just marvellous!”

Chambers 2017 - Kate Andrews

Sarah is recommended as “a formidable opponent and a force to be reckoned with”.

Legal 500 2017 - Sarah Finch

Kate is described as “very efficient and very effective“.

Chambers 2016 - Kate Andrews

“Kate is superb…responsive, clever and gives well thought out commercial advice that always fits the situation”

National Car Parks

“Kate is outstanding and is someone that you want on your side”.

Grainmarket Properties

“I always instruct Kate because I dread having her on the other side!”

Englefield Estates

Clients describe Kate as ‘an extremely talented property litigator, who goes the extra mile for her clients, finding a resolution to every problem’.

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