Ownership & Property Disputes
Practice Area Specialist:
Steven joined Stillwells in 2015 as a partner, bringing with him 18 years’ experience in the areas of civil and commercial litigation, dispute resolution and a niche specialism in housing and asset management work. Steven’s extensive experience has seen him litigate in County Court, High Court, Court of Appeal and various tribunals such as the First-tier Tribunal (Property Chamber) - acting for clients in a number of significant high profile cases.
Disputes relating to property can often be very distressing – particularly when involving parties who live or work within close proximity. Stillwells’ philosophy is to try and help clients resolve issues amicably outside the court arena where possible to avoid unnecessary time and expense.
Should an issue not be resolved through alternative means, Stillwells is also highly-experienced in representing clients in court for ownership and property-related disputes. The types of disputes we are able to assist clients with include:
- Boundary disputes, e.g. a neighbour installing a new fence without consultation, housing extensions or overhanging shrubbery.
- Rights of way disputes, e.g. disagreements about uses of shared driveways and common access paths.
- Neighbour disputes, e.g. nuisance neighbours
- Landlord and tenant disputes relating to Assured Shorthold Tenancies (ASTs)
Recommended in the Legal 500, Stillwells pride themselves in providing a high quality service, with all clients benefitting from direct contact with the senior solicitor who be handling the case personally. We work hard to keep you updated throughout each stage of the process and are on hand should you have any questions.
Contact us today on 023 8072 7164 for a free, no obligation initial consultation.
Frequently Asked Questions
What is an assured shorthold tenancy?
What is a tenancy deposit?
What does the law require regarding tenancy deposits?
- Protect in a government-backed scheme any tenancy deposit paid by an assured shorthold tenant;
- Provide the tenant with information (known as ‘prescribed information’) about the scheme used; and
- Give the tenant a copy of the deposit protection certificate, signed by the landlord.
This must be done within 30 days of the landlord receiving the deposit.
What happens if the deposit is not protected?
- The landlord can be ordered to pay compensation to the tenant of up to three times the amount of the deposit; and
The landlord’s ability to terminate the tenancy using a section 21 notice (see below) is restricted until the law has been complied with or the deposit has been returned to the tenant.
What else must a landlord do at the start of the tenancy?
How is an assured shorthold tenancy terminated?
Is there a set form of section 21 notice?
What is the end date for a section 21 notice?
Are there time limits in relation to section 21 notices and proceedings?
- A section 21 notice cannot be served in the first four months of a tenancy or, in the case of a replacement tenancy, within four months beginning with the date on which the original tenancy began;
- Proceedings for possession cannot be commenced after the end of the period of six months beginning with the date on which the section 21 notice was given;
- Where a section 21 notice has been served and the date in the notice is more than two months after the date the notice was given, proceedings for possession cannot be commenced after the end of the period of four months beginning with the end date specified in the notice.
Put simply, a landlord can no longer serve a section 21 notice at the commencement of the tenancy and leave it in place for the duration of the tenancy.
Does the landlord have to repay rent where the tenancy ends before the end of a period?
What is retaliatory eviction?
What does the law do to prevent retaliatory eviction?
- the tenant is in breach of their duty to use the premises in a tenant-like manner or an express term of the tenancy agreement to the same effect;
- the premises are genuinely on the market for sale;
- the landlord is a private registered provider of social housing; or
- the premises were mortgaged before the grant of the tenancy and the mortgage lender wishes to exercise its power of sale and requires vacant possession.