Property Litigation

Property Litigation Solicitors In Canterbury

Our Property Litigation Solicitors provide a broad range of services ranging from private investor landlords with residential issues to freehold property disputes for national companies.

Increasingly we are experiencing that commercial landlords are having issues with their tenant which have arisen from the economic downturn. We can provide tailored legal advice to meet our clients’ needs and bring a swift resolution so that our clients can continue to receive rental income.

Clients we deal with include residential owners, local land owners and large national companies. We work closely with our commercial property team and our conveyancing team so that we can react swiftly to problems.

Our strong links with barristers assist us to advise quickly and clearly on more complex proceedings ranging from injunctions and/or proceedings in the County Court and in the High Court when necessary.

Our property litigation services include:
• Possession Proceedings including against squatters
• Advice on Business Tenancies
• Breach Of Covenant and forfeiture disputes
• Right of way and access disputes
• Tenant Insolvency
• Remedies For Unpaid Rent and distress for rent
• Leasehold Services including applications in the Leasehold Valuation Tribunal and service charge disputes
• Dilapidations disputes
• Lands Tribunal applications
• Impact of Village Greens Legislation, Commons Act 2006
• Landlord’s consent for assignment, alterations to property
• Rent Review advice
• Adverse possession claims

Meet The Team

Richard Giles

Position: Partner
Work Area: Litigation
Read Profile

Frequently Asked Questions

Can I get my costs back if we win?

The normal position with litigation is that if you succeed at trial you should receive an Order that the other party pays your costs. You would normally receive between 60-80% of your costs. There are types of offer that you can make before trial which if are not accepted by the other party, can increase your level of costs recovery to 80-90% if you then win at trial. The Court has a discretion as to whether to award costs to the successful party. If a party’s conduct is poor during the case, it could decide to award no costs to the successful party or even to award costs to the unsuccessful party. In practice this is very rare. The court will take into account the parties efforts to negotiate or mediate a settlement throughout the case, as well as offers made before trial when determining a suitable costs award.

Will I have to go to court?

You may well not have to go to court. The emphasis these days is very much on trying to resolve issues without having to issue proceedings. Even when proceedings are issued, most cases settle without going to a final hearing. However, there are always situations where it is simply not possible to reach agreement or where your opponent will simply not engage in discussions without the pressure of court proceedings. The experienced litigation team at Gardner Croft LLP will promote your interests rigorously throughout the process whether during the initial correspondence, any subsequent negotiations or mediation or in court proceedings.

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