Residential property litigation: explained
Property is often someone’s biggest asset, so disputes can be stressful, costly and time-consuming. Our team of friendly experts can assist with any kind of personal property dispute. In this blog, you can find out more about the litigation process.
What is residential property litigation?
Residential property law covers all legal issues related to homes and flats, whether they’re rented, owned, leasehold or freehold properties. Unfortunately, disagreements do sometimes arise between landlords, tenants, management companies, homeowners and neighbours. Whether you’re pursuing or defending a dispute, our experienced Dispute Resolution team can help.
How we can help you
We can assist with all types of property litigation. Here are some examples of how we might be able to support you:
- Landlord and tenant residential disputes
Disagreements can arise for many reasons, including deposit protection, non-payment of rent, breaches of tenancy agreement and more
- Possession claims
Landlords can seek possession of their property under certain grounds, such as a tenant consistently missing rent payments
- Right to manage claims
Leaseholders have the right to take over certain management responsibilities from the landlord without proving mismanagement
- Disrepair claims
If a landlord or freeholder fails to carry out repair works, tenants may be able to bring a claim in the County Court
- Right of way or easement disputes
There may be a disagreement over the right to access land or the terms under which a person is allowed to do so
- Adverse possession
Somebody may be occupying a property or piece of land and laying claim to the title because they have stayed there for a long time
Section 20 notices and service charge increases
Many management companies are increasing service charges to deal with the new regulations about fire safety. However, these hikes are not always justifiable so leaseholders can dispute the charges. Your lease will detail how your service charge is organised and what can be charged. As a leaseholder, you have the right to ask how the charge is calculated, how it is spent and to view any relevant paperwork (such as receipts).
Additionally, as per Section 20 of the Landlord and Tenant Act 1985, landlords are required to consult leaseholders before undertaking major works or entering into a long-term agreement that will be funded by service charges.
At Attwaters, we provide clear, practical advice on Section 20 consultations and help leaseholders challenge unfair service charge increases. We also guide management companies on their responsibilities, ensuring they act within the law and avoid disputes.
What Attwaters can do
Residential property law can be complex, especially with the introduction of the Renters’ Rights Bill, which is expected to come into force in early 2026. Therefore, seeking professional legal advice is essential if you are involved in a dispute. We are experienced in representing clients both in and out of court and will always aim to achieve the best possible resolution for your circumstances.
To find out how we can help you, please get in touch with our reliable team on: disputeresolution@attwaters.co.uk or call 0203 871 0110.
