Property litigation

Specialist property litigation and land dispute resolution lawyers

We have one of the largest property litigation teams in the UK and our broad expertise means we can support you with all your commercial property litigation needs. Our solicitors act for retailers, developers, housebuilders, social housing providers, property investors, utilities companies, holiday parks and other landowners.

Your business or organisation will benefit from our team’s comprehensive understanding of the property industry, as well as our desire to understand your business so we can tailor our advice accordingly. We will strive to build a long-term relationship with you, enabling us to be part of your journey and be pro-active and flexible in our approach.

Although a ‘litigation’ team, the vast majority of disputes we work on are settled by negotiation or at mediation; only very rarely does a matter proceed to trial. Our aim is to secure your commercial objectives in the most efficient way possible and, by working with our non-contentious Commercial Property team at drafting stages, ensure that future disputes can be avoided.

How we can help you

All aspects of property management and development disputes including:

Property management

• Landlord and Tenant advice in respect of Coronavirus restrictions relating to commercial leases and residential leases
• Lease renewals
• Securing possession of premises and defending such claims including for forfeiture and trespass
• Dilapidations and service charge disputes including advice on structuring leases and licences to alter to benefit parties when it comes to the term end
• Contested break notice disputes
• Service of break notices, 1954 Act Notice and all manner of other property notices
• Landlord and Tenant insolvency events including liquidations, administrations, restructuring plans and company voluntary arrangements
• Rent review
• Disputes relating to assignment or subletting of leases and alterations to premises
• Advice in relation to rights of first refusal, leasehold enfranchisement, Right to Manage, s.20 consultation, variation of leases and FTT applications
• The Pubs Code and going free of tie

Development and real property issues

• Easements, rights of way, and boundary disputes
• Party wall issues
• Rights of light issues
• Telecoms
• Judicial review
• Ratings issues
• Water drainage issues

Examples of our recent work

Rights of Light Case: Beaumont Business Centre Limited v Florala Properties Limited [2020]

We acted on behalf of Florala in the significant Rights of Light case in which Beaumont sought the removal of part of Florala’s hotel, which apparently infringed the light entering Beaumont’s building. The case was significant due to its value, with the hotel being located in Moorgate; the fact that it relates to Rights of Light which is a complex area of property law which doesn’t end up at trial very often (hence the seven day trial and the volume of press coverage); and the interest in the court’s assessment of remedies including whether or not, if the claim is successful, whether the court will award an injunction forcing the hotel to be removed or whether it will instead award damages.

Landmark Telecommunications Code Case: Cornerstone Telecommunications Infrastructure Ltd v London & Quadrant Housing Trust [2020]

We acted on behalf of L&Q in the telecommunications case that dealt with the terms of the Telecommunications Code to be imposed on L&Q. The matter was important as one of the leading cases in the telecommunications industry since the introduction of the ‘New Code’ in December 2017 and the decision has provided much needed clarity to Operators and Landowners alike. The claim was eagerly anticipated and widely reported given the consequences of the decision in clarifying the extend of an operator’s ability to seek rights over a Landowner’s property for the purposes of installing and using telecommunications equipment.

Swiftly obtaining a possession order for Vistry Investments Limited [2020]

We acted for Vistry Investments Limited, they own a prominent city centre office building the ground floor of which had recently been vacated by Starbucks. Shortly after the lockdown commenced due to the COVID-19 pandemic, trespassers broke into the ground floor of our client’s office building causing significant damage and interfering with fire alarms which serviced the upstairs flats. At the time the law was changing rapidly with various enforcement methods being stayed under the Coronavirus Act 2020 and changes to Court Practice Directions. Within a week of the change in the law, we attended the virtual hearing, obtained a possession order – we believe this to be one of the, if not the, first possession orders following the change in process. On the day of judgment, the matter was transferred to the High Court for a Writ of Possession. We instructed bailiffs to attend at the premises with the police and secured possession that afternoon.

Acting on a purported joint venture dispute for Lidl: Lidl UK GmbH v Generator Developments Limited

We acted for Lidl UK GmbH against Generator Developments Limited in relation to a purported joint venture dispute relating to a proposed store in Brentwood, Essex through to successful judgment in the Court of Appeal.

15-year relationship with Mapeley

We act for Mapeley, one of the largest commercial landlords in the UK, on their day to day asset management for the majority of their HM Revenue and Customs UK outsourced portfolio. This is a significant nationwide portfolio and we deal with all manner of property disputes from advising on lease renewals, dilapidations, rent review, lease break issues, and service charge disputes. This often involves strategic portfolio advice. We know the portfolio very well having acted on it for almost 15 years.

Commercial landlord work

Specialist advisors acting for commercial landlords such as Ashtenne Industrial Fund, Hansteen Holdings, Ashville, Dunedin Property and Ribston Property in respect of dilapidations, disrepair and debt claims and possession orders relating to their office and industrial units across the UK.

Defeating a tenant’s break option: Avocet Industrial Estates LLP –v- Merol and Another

A national reputation in acting for disputed break options. The team successfully acted for the landlord in the leading case Avocet Industrial Estates LLP –v- Merol and Another. The landlord successfully defeated the tenant’s break option due to outstanding interest.

Sole legal advisors to Orvis

We are the sole legal advisers to Orvis. Working closely with the board and external surveyors we play an active role in the management of Orvis’ retail stores and warehouse.

10-year relationship with Marcol

We have advised Marcol on its investment properties for more than 15 years. Recent issues include advice on a potential claim for an injunction to restrain a development which will interfere with light to one of our buildings in London, recovery of rent during the COVID pandemic and lease renewals, terminal dilapidations claims for various offices and warehouses.

Bristol Water plc 15-year relationship

We have acted across a wide range of industry-related work for Bristol Water plc over the last 15 years.

Burger King property portfolio claims

We continue to act for Burger King, the national fast food burger chain with regard to their national property portfolio. Claims relate to lease renewals, dilapidations and repair issues and other landlord and tenant matters. We have acted in this regard for over 20 years.

Recommendations

‘Having dealt with properties for the several years, this practice stands head and shoulders above others. They brought clarity, options and recommendations to matters. They understand strategy and work with you to support the business. The positive impact on our business and my time has been significant.’ – The Legal 500 2025

‘The main reason I prefer to engage with Clarke Willmott LLP is their approachable and friendly nature. They provide me with the expertise I need, with absolute professionalism but also building a rapport that makes them easy to approach and discuss options without ever feeling like the suggestions are foolish.’ – The Legal 500 2025

“Clarke Willmott has an efficient and intelligent approach to a wide range of often complex contentious real estate, business and compliance matters.” – Chambers 2025

“Clark Willmott’s team is very knowledgeable and has several specialists available to advise on various matters.” – Chambers 2025