Property Litigation
Our Property Litigation team has the experience and expertise to provide the swift and practical advice needed for the resolution of a broad range of property related disputes.
The team acts for a wide range of clients including investors, developers or occupiers, working closely with our transactional lawyers to anticipate and resolve problems before they become litigious or to ensure that our clients are best placed to obtain a successful outcome, if they do.
A flexible and commercial approach is always taken to the resolution of disputes by way of Court or tribunal proceedings, arbitration, third party determination, mediation or negotiation, as may be appropriate to the individual case.
The team regularly acts in a wide variety of property disputes:-
- Dilapidations and other breaches of covenant;
- Forfeiture and possession claims;
- Tenant default and insolvency;
- 1954 Act business lease renewals;
- Options to break;
- Service charge disputes;
- Leasehold enfranchisement;
- Overage payments and deferred consideration;
- Adverse possession and village greens;
- Rights of light and party wall matters; and
- Rights of way and restrictive covenants.
News
TRIPLEROSE SMELLS SWEET FOR LANDLORDS
Short term holiday lets using internet website advertising have become a feature of modern life. Websites like Airbnb have made it easy for property owners to use their properties to… Read more →
Uncategorized
Conclusively inconclusive charge statement
It’s not often we mention summary judgment decisions in QIA but the case of Sara & Hossein Asset Holdings Limited v Blacks Outdoor Retail Limited [2020] EWHC 1263 (Ch) has… Read more →
News
“Can the landowner evict tenants from a residential caravan site?” – Adam Colenso comments for The Guardian
Partner in our Property Litigation team, Adam Colenso, has commented on a lender’s right to evict tenants of a protected residential caravan site under The Mobile Homes Act for The… Read more →
News
“My view will be ruined by a new development. What can I do?” – John Muncey answers a readers’ question for The Sunday Times
Property Litigation Partner, John Muncey, has responded to a readers’ question on restricting development in The Sunday Times. When asked how to protect one’s view from being spoiled by a… Read more →
Bulletins
Tenant focus
“Even if you think it ain’t broke, don’t become liable to fix it” – what tenants should consider when negotiating the repairing obligations in their leases A tenant will almost… Read more →
Following John Muncey's retirement in March 2021, Adam Colenso took over the lead of Wedlake Bell LLP's property litigation team, which recently expanded its charity offering with the hiring of commercial disputes partner Jonathan Hibberts from Fladgate LLP in February 2021. Both Colenso and Hibberts specialise in commercial landlord and tenant litigation and act for property investors and landlords, developers and occupiers, while development-related work also accounts for a significant portion of their workload. Expertise in telecoms sector work, where the team acts for developers, and cladding-related issues faced by lessees complement this offering.
— Legal 500, 2022
They combine sound legal knowledge with carefully thought-out strategy to achieve the best outcome for their clients. They leave no stone unturned in the pursuit of a favourable resolution of a dispute from their clients’ point of view, whether in court/arbitration, in mediation or in negotiation.
— Legal 500, 2022
Unlike some firms, they do not seek to litigate for the sake of it or seek to run up costs by being overly aggressive or unrealistic and rushing to trial.
— Legal 500, 2022
Extremely knowledgeable. Good on both legal arguments and practical issues.
— Legal 500, 2022
Willing to go the extra mile for clients. Very focused on obtaining the best outcome for clients by reaching practical solutions and giving realistic advice from the outset.
— Legal 500, 2022
There is significant strength in depth, knowledge of property law and experience in this team.
— Legal 500, 2021
The team as a whole is extremely solid, with a range of levels of seniority. They are always very well prepared, give extremely good client care and show good tactical judgment.
— Legal 500, 2021
The property litigation team is first-rate and undertakes high-quality work.
— Legal 500, 2021
Wedlake Bell LLP’s team ‘has an in-depth knowledge of the area with different practitioners picking up different specialities’
— Legal 500, 2017
"Practice head John Muncey, who has ‘an amazing ability to be unflappable with a calming influence and engenders the best in his team’, is recognised for his landlord and tenant litigation expertise."
— Legal 500, 2017
The ‘excellent’ Adam Colenso regularly handles leasehold enfranchisement work.
— Legal 500, 2017
Recent matters include acting for Somerford Parish Council in a judicial review of Cheshire East’s decision to refuse the client’s town and village green application, and representing AHM Block 5 RTM Company in a service charge recovery claim.
— Legal 500, 2017
"The team is described as "excellent".
— Legal 500, 2016
"The ‘excellent’ John Muncey is recommended along with Adam Colenso, who is "extremely knowledgeable and diligent".
— Legal 500, 2016
"The team are extraordinarily helpful. Queries are promptly answered and their advice inspires confidence."
— Chambers UK, 2015