investigations

Property / Real Estate Litigation

The PCB Litigation team has a distinguished and far-reaching reputation for its expertise in real estate litigation. Among notable achievements it has:

acted for the successful party in the House of Lords (now the UK Supreme Court) in upholding the client’s actions in selling a number of underleases at a premium prior to the sale of the headlease.

established before the Court of Appeal that a landlord who was not personally owed any arrears of rent (because he had assigned the right to recover arrears to his predecessor) was able nevertheless to exercise a peaceable right to re-enter and forfeit the lease for those rent arrears.

established before the Court of Appeal the right of the tenants of a block of flats to set aside the landlord’s sale of their leases where there had been breaches of the Landlord and Tenant Act 1987.

successfully brought a claim for a large group of tenants to exercise the right to purchase their landlord’s interest, involving one of the longest ever trials in landlord and tenant history.

defended a claim brought by a well-known London nightclub that certain variations to its lease relating to the rent to be paid, and the basis upon which any rent review should be calculated, should be declared void.

persuaded the Court to appoint a receiver to sell a substantial Grade 1 listed building in Central London in a joint venture dispute between the beneficial owners and thereby achieving a satisfactory settlement.

created new law in obtaining an order on behalf of a landlord requiring the tenant specifically to perform a repairing covenant.

acted for a landlord to obtain a series of Court orders that the lessee of a hotel comply with its covenants. By demonstrating a continuing series of breaches over a period of time, we were ultimately able to persuade the Court to forfeit the lease to our client.

acted successfully on behalf of an offshore property fund to challenge the validity of the exercise of a break clause by a tenant of one of its commercial premises. We produced compelling evidence of the premises having been left in substantial disrepair on the break date and then negotiated a favourable settlement of the claim against the tenant.

developed a well-planned strategy for a privately-owned property group in a dispute over forfeiture with a tenant of a prestige property which led to the tenant agreeing to a significant settlement in the property group’s favour.

acted for a wealthy family and their company in relation to a number of disputes arising from the development of a substantial residential property including successfully obtaining orders for possession of land against a neighbour and averting enforcement action by the local authority as well as dealing with various disputes relating to rights of way.

successfully obtained a court order for the eviction of a group of squatters who had taken up residence in a luxury mansion in a north London suburb. Swift action became necessary when reports were received that the squatters were planning a party which would have likely resulted in significant damage and disruption to other residents in the area.