Real
Estate Litigation Experience & Expertise
Real Estate Litigation
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 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 our recent work has included:
• advising a major pharmaceutical company on the contentious disposal of a hospital site;
• advising an overseas Receiver on enforcement of assets in the UK following an International Freezing Order;
• acting in a successful High Court claim following a joint venture agreement and being awarded over 90% of our costs;
• acting for a bridging lender and LPA Receiver in the 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;
• 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.
Areas of Specialism
Commercial Property
• Rent Arrears
• Service Charge Disputes
• Forfeiture
• Dilapidations
• Landlord and Tenant Breaches of Covenant
• Lease Renewal and Termination
• Break Clauses
• Rights to Light
• Rights of Way
• Development and Joint Venture Disputes
• Construction Disputes
• Planning
• Tax
• Insolvency
• Professional Negligence
Residential Property
• Tenant Eviction
• Service Charge Disputes
• Trespass
• Boundary Disputes
• Rights of Way
• Co-Ownership Disputes
• Failure to Complete
• Tax
• Insolvency
• Professional Negligence
Alternative Dispute Resolution
• Arbitration
• Adjudication
• Mediation
Rent Arrears
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
Sometimes, the most effective remedy available to landlords is to terminate the lease and re-let the property as soon as possible. We advise both landlords and tenants on the 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 re-let their properties including as to how any potential works will affect any dilapidations claims.
Lease Renewals and Termination
We provide bespoke advice on renewal and termination of leases including both hostile and nonhostile court proceedings under the Landlord and Tenant Act 1954.
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
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
robert clark@laytons.com
+44 (0)20 7842 8000
Robert has specialised in Real Estate Litigation 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 and private clients, including nationally recognised developers, retail clients and shopping centres. Robert is also a member of the Property Litigation Association.
Guy Bate
Partner
guy bate@laytons.com
+44 (0)20 7842 8000
Guy specialises in all aspects of Real Estate Litigation. He has extensive experience dealing with commercial landlord and tenant issues and transactional problems. He advises developers, investors and occupiers including institutional funds, family offices, professional service firms and retailers. He advises in plain and pragmatic terms and is a robust representative for his clients.
John Abbott FCIArb Consultant
john abbott@laytons.com
+44 (0)20 7842 8000
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 Association. He has extensive experience of property related disputes in which he has represented parties and where he has been an appointed arbitrator or mediator.
Will
Slater Partner
will slater@laytons.com
+44 (0)20 7842 8000
Will is a Partner and a seasoned Real Estate Litigator. He is known for the commerciality of his advice and his alertness to the various avenues for achieving his clients; objectives – be they litigation, mediation or negotiation or a combination of the three. Having acted for a number of national housebuilders, he has a special interest in issues arising from restrictive covenants, easements and boundaries and also regularly advises in connection with business lease disputes. He also has a sideline in professional negligence claims within the real estate sphere, including claims against surveyors, solicitors and valuers.
Rachel Weir
Solicitor
rachel weir@laytons.com
+44 (0)20 7842 8000
Rachel joined the team as a solicitor in 2022 and has experience advising on commercial and residential property disputes, including residential possession proceedings, renewal and termination of leases, and breach of covenant and right of way disputes. Rachel also supports the Restructuring & Insolvency team at Laytons and has experience advising on corporate and individual insolvency matters.
John Harvey
Partner
john harvey@laytons.com
+44 (0)20 7842 8000
John is head of Restructuring & Insolvency at Laytons. He has over 30 years’ experience in dealing with all aspects of insolvency issues acting for financial institutions, distressed companies, investors, stakeholders, directors of companies in distress and insolvency practitioners. John’s wealth of experience is invaluable in both taking and developing strategies that advance the client’s business interests whilst preserving and creating value. John is also a CEDRE qualified mediator.
