Residential Property Dispute Resolution
If you’re involved in a dispute over your property, or a property currently occupied by a tenant, you’ll need expert and approachable help.
Property disputes are often some of the most complicated and contentious to resolve but having a good legal team on your side can make it easier to achieve a positive outcome that protects your interest while keeping conflict to a minimum.
Our dispute resolution team has years of experience working on all types of property disputes and we have particular expertise in alternative dispute resolution (ADR). We will work with you to establish your objectives and provide an honest assessment of your prospects of success –including issuing and proceeding to Court, should that be in your interest. If so, our diligent team have considerable experience in ensuring your case is managed at each stage, so that we can work to achieve the best outcome for you – including to trial. We will give you clear, practical advice on the best way to proceed, taking into account the costs and any risk involved,
Our residential property dispute resolution services include
- Boundary disputes
- Neighbour Disputes, including trespass, nuisance, rights of way and rights to light
- Party wall disputes
- Flying and creeping freeholds
- Gas Injunctions – where a landlord is seeking access to their property to carry out a mandatory or legally required works, we are able to submit an Application to the Court to seek access
- Trespass claims relating to Residential properties, whereby unknown person(s) have obtained entry into a property
- Possession claims – Claims including where there are rent arrears outstanding, a landlord is simply seeking possession of the property, allegations of anti-social behaviour or advice surrounding other issues regarding ending a tenancy, along with assisting both the Landlord and Tenant should the matter become defended.
For possession claims, we offer a fixed fee service, up to and including the possession hearing, should your tenant chose to defend the matter, then please contact us for an individual estimate:
For serving a Section 8 Notice on Grounds 8, 10 and 11 in relation to Rent Arrear – the fee is £155.00+VAT
For Serving a Section 21 Notice, the fee is £155.00+ VAT
If we review the papers, and inform you that a Section 47/48 Notice is required, informing your Tenant of a change of address- the fee is £155+VAT
A Section 8 Notice on any other grounds – £185+ VAT.
Should you require us to issue proceedings after a Section 8 Notice has been served, we can issue proceedings in relation to rent arrears only via PCOL (Possession Claims Online) – the fee for this is – Court fee of £355.00 + £310+VAT – (£372+ £355 = £727.00)-which includes drafting and submission of a witness statement from the landlord or Managing Agent ahead of the possession hearing. There will also be a further fee for Counsel or an Advocate should a hearing be listed
We can also issue Accelerated proceedings following expiry of a Section 21 Notice – Court fee of £355 + £372+VAT – to include a witness statement, if required by the Court
Manual – Court fee of £355 + £444 = £799.00 – A claim is required to be drafted manually when either a Landlord wishes to include rent arrears under a Section 21 Notice, or the Section 8 Notice includes Grounds other than those referring to rent arrears, and therefore are more complex. This fee includes the drafting and submission of a witness statement from either the Managing Agent or Landlord prior to the possession hearing. There will also be a further fee for an Advocate should a hearing be listed.
Following the implementation of ‘R’ and ‘S’ hearings, our fees are the following:
To compile Review hearing bundle – £155+VAT
Bennett Griffin act as Advocate – with the right to outsource – £370.00 +VAT = £444.00 – non refundable even if hearing does not proceed.)
Should your matter not be covered by the above, please contact our offices for a discussion regarding your personal requirements with a member of the Property Litigation Team.
Your Bennett Griffin Team