Property Disputes Team helps local landlords

Leathes Prior's Property Disputes Team recently advised a local commercial landlord on forfeiture in respect of two of its units on a business park in Hoveton, Norfolk.

The landlord complained of breaches including;

• Failure to pay rent and utilities;
• Breach of user covenant;
• Nuisance; and
• Causing environmental damage.

The matter came before the Court at a first hearing, and with the assistance of Counsel, the team were able to obtain an order for forfeiture of both units together with an order that the tenant pay the entirety of the landlord’s costs. Such an order, particularly at the first hearing, is an excellent result and reflects the team’s preparation and time taken to understand the landlord client’s needs and the impact of the various breaches complained of.

In addition to the above, our Property Disputes Team has also recently advised a residential landlord on a particularly complex and difficult residential possession claim, involving defences advanced by the tenant including;

• Failure on the part of the landlord to properly serve prescribed information in respect of the tenancy deposit;
• Failure to provide a valid energy performance certificate;
• Breach by the landlord in relation to the Equality Act 2010;
• The tenant’s alleged disability under the 2010 Act; and
• Steps taken in the litigation including service of notice and the bringing of possession proceedings were in breach of the 2010 Act and no possession order could be made.

Following the careful gathering and review of evidence, our team were able to reach settlement of the matter, persuading the tenant to discontinue the entirety of the defences advanced and returning possession of the property to the landlord.

Our Property Disputes Team is led by Partner Darren Bowen, supported by Associate Danny Turpin, Litigation Executive Tomas Hayden and recently qualified Solicitors Georgia Sartin and Maggie Berry. The team covers the entire range of property litigation work including residential and commercial property disputes for landlords and tenants.

If you require any assistance, please do contact our Property Disputes Team via email at info@leathesprior.co.uk or by telephone at 01603 610911