Whether as a landowner where you are looking to recover possession for your own occupation, for new occupiers or to redevelop a site or as an occupier seeking to defend a claim of possession, we can assist by advising you on:
- The basis of occupation of the premises;
- The actions required to be taken to recover possession;
- The timings for such recovery of possession;
- Compensation due as regards such recovery of possession.
Acting for a landowner
When acting for the landowner we work with our clients to achieve their objectives; advising on the options available to recover possession, the timings for the recovery of possession and the potential hurdles to recovering possession.
We also assist our clients in assessing whether compensation is available and whether there is a dilapidations claim against the occupier.
Considerations for any action include the nature of the interest to be terminated, whether the interest to be terminated is inside or outside the Landlord and Tenant Act 1954, collating evidence to substantiate a ground for possession (where required) and limiting any void periods (where premises are being redeveloped or possession obtained for a new occupier) .
Acting for occupier
We act for all types of occupiers; individuals, owner managed businesses to multi nationals advising on the validity of notices served, the ability for the landowners to recover possession, the timings for possession and as to whether any compensation is payable for the recovery of possession.
We seek to work with our client’s to assist with the termination of their interests, their vacation of the premises and advising on whether there is any compensation payable or a defence to a potential dilapidations claim.
Our property litigation team can also help in relation to the associated issues arising from the recovery of possession including:
- Dilapidations claims
- Antecedent breaches of covenant
- Nuisance and derogation of grant claims where redevelopment works are ongoing
- Rights of light and restrictive covenant claims
In addition our property term are on hand to give consideration to whether there are sufficient rights reserved within property documentation to ensure any proposed redevelopment of a site can be undertaken or to advise whether further rights or amendments to rights granted will need to be acquired. Click Here to learn more about how we can help with Property Development.