PROPERTY DISPUTES

The team is lead by Bhavani Hogarty, who is recommended by the Legal 500 as a specialist in residential property disputes.

As the leading Property Disputes team in the South West, we act for a broad range of clients, including private landlords/tenants, managing agents/letting agents, investors, estates, educational institutions, developers as well as farming businesses.

We can advise on a preventative basis and/or where there is a dispute. We are adept at finding creative, practical and cost-effective solutions, tailored to your specific need.

We pride ourselves in listening to you, keeping you informed and being commercial in achieving your objectives. If matters cannot be resolved through negotiations or mediation, we are experts in using litigation to obtain the desired outcome, even if it includes going to Court.

What we do:

  • Adverse possession
  • Boundary/covenant/rights of way disputes
  • Disrepair claims
  • Drafting AST’s, serving S8 and S21 Notices
  • Enforcement proceedings
  • Lease extension/enfranchisement
  • Mortgage disputes
  • Neighbour disputes
  • Ownership disputes
  • Party walls
  • Professional negligence
  • Repossession/arrears of rent
  • Trespass/nuisance/squatters

Adverse Possession

Pardoes can offer advice and assistance with regard to acquiring land you have been using through exclusive possession over a period of time. 

Boundary/ covenants/ Rights of Way Disputes

Boundary disputes, unfortunately, are common and can (in most cases) be resolved easily by clarification of the Deeds. We can assist in clarifying boundaries, interpreting covenants, rights of way, etc to include modifying covenants to having them extinguished.

Disrepair Claims

We are experienced in acting in dilapidation/disrepair claims and can act on behalf of both landlords and tenants.

Drafting ASTs, Serving S8 and S21 Notices

From drafting your bespoke tenancy agreement, eviction notice and proceedings to obtaining a warrant of possession.

Enforcement Proceedings

Sadly, obtaining an Order from the Court or signing a Settlement Agreement is not the end of a case in many situations. We never advise people to throw good money after bad however, if you find yourself needing to issue enforcement proceedings, we can advise on the prospects of that recovery and the options that are available.

Lease extension/ enfranchisement

These procedures are governed by detailed legislation which must be carefully followed. We can assist you here in order to ensure you comply with the many deadlines and prescribed procedures.

Mortgage Disputes

We can assist with advising on how best to approach terms and conditions of a mortgage, helping to arrange arrears management or defending a mortgage possession claim.

Neighbour Disputes

Neighbour disputes can arise in a variety of ways but most tend to arise from some form of property dispute. Common neighbour disputes include nuisance claims (such as noise, smells or floods) trespass claims, and disputes over access to neighbouring land. However your dispute arises, we are here to assist.

Ownership Disputes

We can assist in clarifying your ownership. It could be as simple as interpreting the Deeds correctly and working with a land surveyor to achieve your desired outcome but if not, we can obtain a Declaration from the Court for you.

Party Walls

The rules which govern work to party walls and other work carried out close to or at the boundary between neighbouring properties are set out in the Party Wall etc Act 1996 (“the 1996 Act”). Although a reasonably short, self contained act, it is complex with regard to the various definitions of party walls, to the information required to serve a notice and the timing of the same. We can assist in advising both the building owner and the adjoining owner as well as recommend an experienced and effective party wall surveyor.

Professional Negligence

Sometimes a professional advisor can let you down, be it a solicitor, a surveyor or an architect, with regard to the advice given, a misunderstanding or a complete lack of understanding. We can help to pursue a negligence claim against them.

Repossession/ arrears of rent

From drafting the eviction notice and proceedings to obtaining a warrant of possession. We can also assist with rent arrears and dealing with difficult landlords or tenants, deposit problems and provide general advice in relation to tenancy agreements.

Trespass/ Nuisance/ Squatters

We have much experience dealing with unlawful occupiers, offering a fast, reliable and cost-effective legal remedy where self help is not an option. We can assist with all forms of trespass whether by people, overhanging properties/structures or gradual encroachment and nuisances such as noise, smells and even flooding.

Partner & Head of Dispute Resolution
Legal Assistant

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