27 May 2013

Real estate litigation

Starting Area/Sector information

Clifford Chance's experienced real estate litigators advise on all dispute avoidance and resolution matters focussing exclusively on the real estate industry.

Our real estate litigation unit offers you practical and innovative dispute avoidance and resolution services based on a close working knowledge of the sector.

Working from within the real estate practice, our specialist litigators understand your commercial objectives and are skilled at identifying and resolving issues at an early stage. 

We focus on complex litigation and advisory work for a diverse range of clients, including developers, owners, property institutions, financial institutions, hoteliers, retailers, manufacturers and insolvency practitioners.

Our advice during the negotiating and documenting of transactions helps you to avoid or minimise the disruption and cost of any subsequent dispute. We offer risk analysis and assessment in conjunction with our transactional colleagues, so that risks can be identified and minimised at an early stage.

The range of matters we deal with include:

  • Alienation/alterations disputes relating to application for landlord's licence
  • Rent review: issues of interpretation, strategy, obtaining review evidence, preparation of submissions and handling oral hearings
  • Lease termination: forfeiture, break notices and notices to quit
  • Repairs: interim and terminal schedules
  • Services: enforcement of landlord's obligations to provide services and disputes as to service charge recovery
  • Security of tenure: dealing with strategy and proceedings in relation to contested and non-contested renewals
  • Insolvency: liquidation, administration and receivership of landlords, tenants and sub-tenants
  • Tenant disturbance: breach of quiet enjoyment/ nuisance
  • Professional negligence: including claims against solicitors, valuers and agents

Clients make extensive use of our advocacy capabilities within our unit. We also have a CEDR accredited mediator within the unit who takes appointments and advises clients on alternative dispute resolution.