Property Litigation

Our team of bright experts offer Property Litigation advice to help you resolve property disputes in a timely, efficient manner.

Property litigation can often be highly technical and prescriptive and therefore it is important that you attain correct legal advice when commencing a claim or property related litigation.

Will Bartley also provides a monthly property litigation related Q&A on a variety of topics, and specialises in this area of law.

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Our team has a wealth of experience in dealing with all types of property disputes. We offer proactive advice in plain English.

We currently advise on the following areas of Property Litigation:

Landlord and Tenant

Section 21 and Section 8 Notices and resulting Court proceedings and Hearings, including claims against trespassers and squatters;
Commercial property rent disputes including forfeiture and S146 Notices;
Dilapidations claims;
Social Housing landlord and tenant work.

Neighbour Issues

Boundary disputes;
Neighbour disputes;
Party Wall Act disputes.

Freeholder/Leaseholder/Management Company Disputes

S.20 Consultation process;
AirBnB lease breaches;
General lease reviews and service charge/maintenance related disputes.

Property Ownership Disputes and Order for Sale Proceedings

ToLATA advice and Court proceedings.

Construction/building disputes

Contractor disputes acting for either the contractors or the property owners for residential building/extension/conversion works.

This is however not a comprehensive list and we welcome all enquiries of a Property Litigation nature

If you would like to discuss a Property Ligation issue, please get in touch with us here. We offer a free initial appointment to all new clients.

Property Litigation advice in Bournemouth, Poole, Christchurch, Ringwood and the New Forest

We have bright, modern and accessible offices in Christchurch and Ringwood, but our excellent IT systems allow us to work with Property Litigation clients from all across the country.

All new clients can have a free initial meeting with one of our bright experts. These can take place over a coffee at one of our offices, by phone or video conference. Call us on 01202 499 255 or fill in the get in touch form on this page to arrange yours.

Ask us at Frettens

Here are some frequently asked questions on Property Litigation issues, if you need to ask us anything more please get in touch using the form on the right.

What is ToLATA?

The Trusts of Land and Appointment of Trustees Act 1996 (known as TOLATA) gives Courts certain powers to resolve disputes about the ownership of property (or land).

When can a ToLATA claim be issued?

A ToLATA claim can be issued:

To force the sale of land or property.

To reoccupy a former family home when an ex-partner refuses to leave.

By parents/grandparents wanting to recover their financial interest in the property.

To determine the share you each own.

Do you need permission to run an Airbnb?

You may need a number of different permissions to run an Airbnb such as from your mortgage lender, the local authority and also your house insurer. You should also pay careful attention to any Restrictive Covenants in relation to your property which may govern how you can use the property.

Do I need planning permission to use my house as a holiday let?

This depends on the nature of the Airbnb rental. If you are renting the property for short periods and also keeping the property as your family home then it is unlikely that planning permission will be required. However, if the property is only being used as a holiday rental then a change of use is likely to be required. You should always check with your local council.

Does Airbnb need council approval?

Regulations may vary between each local authority but it is worth remembering that, regardless of the regulations regarding planning permission and change of use, the Council can take action in relation to matters such as noise disturbances which is often the main cause of complaints in relation to Airbnb properties.

Are short-term lettings allowed in a block of flats?

“I live in a flat and the leasehold owners of the flat below have been letting out their property on short-term letting websites”.

Case law and the Courts have addressed this question on numerous occasions since the Airbnb rise in popularity over the past 5 years.

Whilst each case will rest on its own merits, and more than likely come down to a Solicitor’s interpretation of the individual flat lease, the answer has been an almost resounding no – it is not permitted.

How much notice do landlords need to give tenants for s21 and s21 evictions?

From 1st June 2021 Notice period time-frames for residential evictions changed, due to the ongoing Pandemic recovery.

From 1st June 2021, notice periods that were 6 months (i.e S21 Notices and most rent arrears S8 Notices) reduced to at least 4 months. Notice periods for the most serious cases that present the most strain on landlords were also shortened. This includes the following:

anti-social behaviour (immediate to 4 weeks’ notice)

4 months’ or more accumulated rent arrears (4 weeks’ notice)

Under 4 months’ or more of accumulated rent arrears (2 months’ notice from August 1st 2021)

Notice periods for cases where there is less than 4 months’ of unpaid rent, will reduce again to 2 months’ Notice from 1st August 2021. This is to support both landlords and tenants and responds to the greater difference between COVID and pre COVID Notice periods for rent arrears.

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