I am a property litigation solicitor in Leicester. I can assist you with the following property disputes:
- Boundary Disputes
- Neighbour Disputes
- Dilapidations and Repairs
- Lease renewal disputes
- Rent arrears and service charge arrears
- Landlord and Tenant disputes
- Insolvency issues
- Charging orders
- Land registry rectification
Most property litigation is complex, and the facts are rarely straightforward. The Law is not easy and the dispute often emotionally charged. Property Disputes will usually require expert evidence from land agents and land surveyors too.
I deal with Boundary Disputes and Neighbour Disputes, primarily in Leicester where my firm Josiah Hincks Solicitors is based.
Disputes over joint boundaries are very common but my advice to everyone involved in a boundary dispute is to consider early mediation. The worst cases can be resolved by agreement and in the long term, given that you need to live next door, it will be better to reach an agreement rather than go to Court and get a Judge to decide where the Boundary should be.
Boundary Disputes involving reviewing title deeds, aerial photos, expert surveyor evidence, photographic evidence of historic boundary positions plus anything else that might demonstrate where the boundary might lie.
If a boundary dispute cannot be resolved, then as a boundary dispute solicitor, I can assist you with issuing Court Proceedings (usually in Leicester County Court, but sometimes in the Lands Tribunal).
I act for many Landlords or Tenants of commercial property in dilapidations claims. In commercial leases, the tenant’s responsibilty is usually to bring the Property back up to a suitable standard, usually in accordance with a Schedule of Condition at the time of taking the lease. The Landlord might also present a “want of repairs” mid-term, or could prepare a Schedule of Dilapidations and require you as tenant to carry out the works or pay the Landlord in respect of the works.
At my previous firm, I worked with companies such as Next Plc on dilapidations claims. Whether you are the tenant or the landlord, it is vitally important that you get a very good expert surveyor and a robust property litigation solicitor familiar with dilapidations claims. Both will work in tandom to get the best result for you.
Lease Renewal Disputes
In certain circumstances (where a Lease falls under the Landlord and Tenant Act 1954 and has not been excluded from the Act) a Tenant is entitled at the end of the term of a Lease to request a new lease extension, or lease renewal. The Law only allows for a new lease, it doesnt state what the terms should be, simply that they should be market rate.
Accordingly, Lease Renewal Disputes come into play when the tenant and landlord cannot actually agree the terms of the new lease, or the wording of the lease document itself. Sometimes, the Landlord will resist the giving of a new lease completely.
Whatever the situation, it is important that you have an expert lease renewal solicitor on board, along with your commercial property surveyor/agent. The agents I work with on disputed lease renewals will produce comparable rental evidence and negotiate on your behalf with the other party’s agents. Solicitors are required, as there are strict time limits to making an claim for a new lease. It is not a straight forward process, and uses Part 8 proceedings which although issued in Leicester County Court (or the Court local to the property) is different than usual proceedings. As a lease dispute solicitor in Leicester, I can help.
Rent Arrears / Service Charge Arrears
I am often instructed by Landlord to recover rent arrears or service charge arrears. I will write the tenant a letter of claim before action, and that usually results in payment. If it does not, then we may need to issue proceedings or, depending on the circumstances, consider forfeiture.
Tresspass (including Japanese Knotweed claims)
Most of my tresspass claims involve Japanese Knotweed and me and my firm Josiah Hincks are local experts in Japanese Knotweed Claims in Leicester.
Trespass to land involves a wrongful interference with your land by another. I have dealt with trespass by horses (gypsy’s fly-grazing), trespass by people (gypsy travellers on your land or fields) as well as more common things such as neighbour trespass (building fences, overhanging trees etc).
As I say, the majority of trespass cases recently seem to involve Japanese Knotweed encroachment. Japanese Knotweed is a very fast growing, difficult to get rid of, weed. It will move from one person’s property to another, usually when the land is not maintained. For instance, I’ve dealt with cases from railway sites, derilict buildings and building sites as well as natural land.
Insolvency, Bankruptcy and Charging Orders
As a litigation solicitor in Leicester, I frequently act for individuals and companies who are being made bankrupt or liquidated, and property is involved.
For landlords facing a tenant in administration or liquidation, landlords will want to know what their rights are particularly when there are rent arrears. I will look at forfeiture but als director personal liability where possible.
For individuals, it is usually the family home being reposessed by a Bank or other creditor. I can help defend such actions, whatever the stage of proceedings. It is important to know what equity is in the property and even if it is in one persons name, whether in fact the equity should be shared with your partner/husband/wife etc. It is also usually important to consider the underlying loan or guarantee documents, to see whether there is any liability in the first place.
If you are owed money, and have a County Court Judgement (CCJ) against the debtor, then I can help you get a Charging Order in place with a view potentially to getting an Order for Sale. You may have issued the claim yourself online, but it can be tricky meeting all the very exact process requirements to enforce a CCJ, so as an expert property litigation solicitor, I can help you. Equally, if you are facing a Charging Order application as a debtor, I can help ensure you get expert advice on the issues at hand.
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