Graham McIntyre

Graham “is well respected in the market” with over 25 years’ experience dealing with commercial landlord and tenant and real property disputes.

With over 25 years’ experience, Graham is head of the firm’s nationwide Real Estate Sector and head of our highly regarded Property Litigation team with more than 20 members which is rated in both Legal 500 and Chambers.

Graham is “well respected in the market and offers considerable experience in handling a wide range of substantial disputes as well as portfolio management issues. He frequently acts on behalf of a roster of leading developers, investors and retail sector clients”. (Chambers 2021). He is known for his commercial and pragmatic approach to problem solving, and he “knows when to take an assertive stance”. Longstanding clients include: Burger King, Mapeley, Ashville, Lidl and Sutton Harbour.

Graham Joined Clarke Willmott in 2005 from London Firm Pinsent Masons. He is a member of the Property Litigation Association and a regular write of published articles and speaker at conferences on issues including dilapidations, lease renewals, disclosure, COVID restrictions in property law and development disputes.

How Graham can help you

He is known for his extremely commercial and pragmatic approach to problem solving, and he knows when to take an assertive stance.

Graham covers all aspects of landlord and tenant property management and development disputes including:

• Lease renewals, forfeiture, dilapidations, Jervis v Harris and service charge disputes
• Easements, rights of way disputes
• Restrictive covenant issues
• Development disputes
• Rent review
• Possession claims and development site clearance.

Experience

• Acting successfully for Lidl in the widely reported Court of Appeal case Generator Developments LLP v Lidl UK GmbH, winning in both the High Court and then the Court of Appeal. This leading case related to whether a commercial party can rely on incomplete negotiations to assert an interest in property under the so-called Pallant v Morgan equity. The case looked at, amongst other things, the status of “subject to contract” negotiations.
• Graham has a particular interest and specialism in dilapidations and Jervis v Harris claims acting at present is several multi £m claims dealing with issues including the extent of repairing obligations and complex diminution in value arguments under section 18(1) Landlord and Tenant Act 1927.
• Graham acted for The Royal British Legion in securing possession of club premises following a three-day trial. Forfeiture was based on breach of various club rules including the admission of non-members.
• Graham has acted for Burger King for more than 20 Years managing their UK property portfolio and Mapeley for more than 15 years helping to manage the HM Revenue and Customs portfolio.
• Lease renewal. Graham manages a large portfolio of opposed and unopposed lease renewals. Current cases include proceedings where the landlord is proposing to redevelop the premises, occupy the premises itself, or is offering suitable alternative accommodation for the tenant.
• Possession proceedings including trespasser claims and securing possession from multiple tenants so that a developer could let to Tesco thereby significantly enhancing its investment value.
• Acting for investor landlords against tenants in administration (including recently Edinburgh Woollen Mill) to secure possession of premises from administrators.