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Residential Property Disputes

Residential property disputes with both owned and rented properties are commonplace. Whether it’s unpaid rent, a boundary issue, noisy neighbours, or ownership disagreements, our residential property dispute specialists can provide advice and representation.

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What is a residential property dispute?

A residential property dispute is a disagreement that occurs between parties related to housing, whether the property is owned or rented.

There are a wide variety of potential property disputes that can arise. Some of the more common issues that we encounter at Richardson Lissack are:

  • Possession and rent recovery for assured shorthold tenancies, including serving notices under section 8 and section 21 of the Housing Act 1988
  • Tenancy deposit disputes
  • Ground rent and service charge recovery for long leases
  • Disrepair claims
  • Recovery of land or premises from squatters or unlawful occupiers
  • Boundary disputes
  • Lease extensions and collective enfranchisement of freeholds under the Leasehold Reform, Housing and Urban Development Act 1993
  • Disputes over financial interests in property (Trusts of Land and Appointment of Trustees Act 1996)
  • Right of way disputes
  • Nuisance and trespassing
  • Breach of covenants

This is by no means an exhaustive list. If you are encountering any kind of issue related to residential property, you should consider seeking legal advice as early as possible in order to increase the chances of a successful resolution.

Resolving residential property disputes

Issues can and often are resolved through the exchange of correspondence with the other party involved.  Even if the dispute is not resolved in correspondence, the process can assist in clarifying the parties’ positions and narrowing the issues.

Methods of alternative dispute resolution (ADR), such as mediation, may also be used to find a resolution of the dispute. ADR can be a more cost-effective means of resolving a dispute than the issue of proceedings, although ADR remains available to parties even once a claim is commenced at court, and parties are encouraged by the court to explore ADR at all times.

Ultimately, if a resolution cannot be achieved, then it may be necessary to issue a claim at court and seek a determination from a judge.  The issue of proceedings can be stressful and have significant cost consequences, so before any claim is made, careful consideration should be given as to whether the court is the appropriate forum for the resolution of the issue.

Prevention is better than a cure

How Richardson Lissack can help

Richardson Lissack provides comprehensive civil litigation services to our clients in response to a wide variety of residential property disputes.

Contact us today to discuss your case in confidence.

Our lawyers are available to assist you and provide legal advice.

Contact London 020 3753 5352 or Manchester 0161 834 7284. Alternatively you can email info@richardsonlissack.co.uk

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