We are experienced in dealing with conflict in relation to property, whether it is a dispute between freeholder and leaseholder, between neighbours or landlord and tenant.
Please contact us if you would like advice about:
You can issue a section 8 notice against your tenant. If the tenant does not respond by paying the arrears, you can file a possession claim against the tenant even though there may still be time to run before the end of the fixed term of the tenancy. If the tenant is over two months’ in arrears at the time of the court hearing, the court will grant a possession order.
Alternatively, you can file a money claim online for the outstanding sum.
If you are the freeholder, you can enforce the terms of the lease in accordance with the powers granted to you under the lease. If fact you need to do so as you have obligations to all the leaseholders. You should serve the leaseholder with a Section 146 notice requiring the breach to be remedied. If the leaseholder does not comply with the notice, you can seek a remedy from the court such as an injunction or as a last resort, forfeiture.
If you are a leaseholder, you may be able to take action yourself if the lease permits or you can require the freeholder to take action on your behalf.
The first step is to establish whether you have an enforceable right of way. If you do, either contained in your property documents or as a result of using the right of way for a period of at least 20 years without permission or interruption, then you can bring a claim if the obstruction is a substantial interference with your right of way.
It will depend when the neighbour took some of your garden. If it was for a period of 12 years prior to 2003, then it is likely that they have acquire ownership of the land by adverse possession. If it was more recent, then you can object.
There is likely to be some dispute about the position of the exact boundary. The Land Registry plan for your property is not definitive and further investigation of old conveyances or markers on the ground such as old fence posts may be needed. A surveyor, instructed by both parties, is the best way to resolve these issues about small sections of land with minimal cost.
Your neighbour is liable to pay for any damage or other costs you may incur as a result of water ingress from their property into your property.
You need to be able to prove that the damage to your property is caused by water coming from the neighbour’s property. This may require an expert report where it is not obvious. If the neighbour is not co-operative, you may need to get an injunction for access to their property.
The unco-operative neighbour is likely to be liable for a good portion of your legal costs if you successfully prove the water ingress.
You can make an application to the First Tier Tribunal if you think the service charge bill is unreasonable.
The freeholder or management company has certain responsibilities in incurring expenses and if these have not been observed, the expenses cannot be passed on to leaseholders. For example, if the freeholder or management company undertakes works to the property that mean each leaseholder will have to pay more than £250 in service charges towards the works, a Section 20 consultation process must be completed.
