Residential Property Litigation

Services for Landlords

  • Leasehold enfranchisement – dealing with tenants’ claims for lease extensions and to acquire the freehold (flats and houses) including challenging claims to maximise the premium/ground rents.
  • Tenants’ breaches – advice on enforcement, including forfeiture.
  • Service charges – advising on recoverability and consultation as well as defending assessments in the Tribunal.
  • Manager/audit applications – advising on and defending tenants’ applications for an appointment of a statutory manager or for a statutory audit.
  • Right to manage – advising landlords in relation to a tenants’ right to manage application.
  • Rights of first refusal – preparing and serving Section 5 notices and advice on rights of first refusal generally.
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Services for Developers

  • Rights of first refusal – advice on structuring investments to avoid triggering rights of first refusal
  • Residential service charges – advice on structuring leases to assist with recoverability of residential service charges
  • Acquisition of the freehold – advice on claiming the freehold of certain investment properties under the Leasehold Reform Act 1967 or structuring investments so as to acquire a right of collective enfranchisement under the Leasehold Reform Housing and Urban Development Act 1993

Services for High Net Worth Individuals

  • Lease extensions – advice on and bringing lease extension claims including acquiring the lease with the benefit of a claim and assuring it is properly assigned.
  • Management issues – advice on dealing with poor landlord management including the right to manage, the appointment of a statutory manager and seeking a statutory audit.
  • Collective claims – acting for tenants collectively in relation to claims under the Landlord and Tenant Act 1987 or the Leasehold Reform Housing and Urban Development Act 1993.
  • Lofts – dealing with claims over lofts where these are not demised.
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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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Breach of lease

Acting for the successful landlord in proceedings in the First-tier Tribunal and then the Upper Tribunal re-hearing involving a declaration that the tenant was in breach of the lease as a preliminary to forfeiture. This involved two important points of …

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RTM damages claim

Acting for a Right to Manage Company in relation to mixed-use premises defending a damages claim of circa £780,000 by a commercial tenant who is claiming that the right to manage company is liable to repair the commercial unit as …

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Hamlins LLP has a ‘fabulous team of property litigators’ who ‘regularly exceed lay clients’ expectations and are a joy to work with’.

Legal 500 2019

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

Sarah is recommended as ‘a formidable opponent and a force to be reckoned with’.

Legal 500 2017 - Sarah Finch

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