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Property Disputes

Property Disputes

Case Study One

The Challenge

Our client, a long leaseholder of a luxury flat in central London, suspected that his landlord was charging unreasonably high service charges.

How We Helped

We discovered that the landlord had failed to comply with legal requirements prior to carrying out major works to the building. This meant that our client's liability was significantly reduced. The landlord did not want to concede the point, so the matter proceeded to the Leasehold Valuation Tribunal (LVT).

The Result

The LVT agreed that the majority of the charges were not recoverable by the landlord because he had not complied with legislation. Our solicitors also significantly reduced the remaining charges.

Case Study Two

The Challenge

Our client was a leaseholder of a house that smelt badly because the landlord refused to carry out expensive drainage works. It was having a serious effect on the client and his family. Over several years, he had tried to persuade the landlord to have the works done. He even spent a large amount of his own money trying to fix the problem.

How We Helped

HPLP explained to the client that the landlord had to carry out the works under the terms of his lease. We tried to get the landlord to do so without issuing proceedings at court. But the landlord denied almost all liability and still refused to carry out the works. Having allowed her sufficient time to comply with our requests, we advised our client to issue proceedings against the landlord, seeking an injunction and damages.

The Result

It worked. The landlord agreed to carry out the works and paid our client damages and legal costs. With an acrimonious dispute like this, our negotiation skills and knowledge of court procedure were vital for success.

Case Study Three

The Challenge

Our client owned a flat in London. He let it to a building company which allowed its builders to live there. The company fell behind in its rental payments, and significant debt built up.

How We Helped

Initially, the client wanted to get payment of rent arrears only. He was not concerned about possession of the flat. We served relevant notices on the tenant company and sent several letters inviting them to agree to a payment plan. Receiving no reply, we advised the client to issue possession proceedings against the tenant company, in addition to seeking a money judgement in respect of the debt. We also ensured that the claim should include our legal costs.

The Result

Our client was awarded possession of the property, together with a money judgement in respect of rent arrears and legal costs.

Case Study Four

The Challenge

Our clients were a group of leaseholders in a large portered block of around 100 luxury flats in central London. The landlord served notice on all leaseholders that major works needed to be carried out to the building. These would be paid through hefty service charges. The work involved the removal of asbestos in storage rooms in the cellar. Our clients instructed HPLP to advise on three things:

  • Whether service charges demanded by the freeholder were valid and payable under the terms of their leases
  • Whether the demand was made in the correct manner set out by law
  • Whether the amounts could be challenged

How We Helped

We met with leaseholders at an evening meeting where we could answer their questions directly. We advised them of their rights under landlord and tenant legislation and under their leases.

The Result

Our familiarity with service charge claims allowed us to answer the leaseholders' individual queries and we were able to point out specific risks. That helped our clients to decide their next steps in the negotiations with their landlord.

What Our Clients Say:

"professional, hardworking team players"

"covered every possible angle"

"HPLP certainly take a lot of beating"

"friendly, concise"

"high quality, responsive and efficient service at a competitive price"

See full Testimonials

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