Property Defects and Disrepair
Property Defects and Disrepair
Disputes about disrepair of buildings, residential or commercial, can occur in all sorts of situations and they tend to be very complex.
Defects in properties can result in fatalities and this was demonstrated by the Grenfell Tower disaster in 2017. This led to the Building Defects Act 2022.
Problems of dampness and mould can give rise to respiratory symptoms and lead to claims for damages, namely compensation, for personal injury. Damages for inconvenience can also be claimed.
With commercial leases, dilapidation claims by landlords are common at the end of the lease and require the tenant to reinstate the condition of the premises or pay compensation.
Property developers and builders may not have constructed the building exercising proper skill and care or may have used the wrong materials. New homeowners can be left with properties that are of reduced or negligible value. Claims for damages for diminution in value may have to be brought.
A specialist property litigation solicitor should be instructed. Prosperity Law’s property litigation team is headed by Paul Magee, a solicitor with 30 years of experience. Paul was the solicitor in the successful case of Wallace v Manchester City Council 1998 which involved a claim arising from defects in a residential property in Manchester. In this case, the Court of Appeal laid down the principles for assessing compensation in both residential and commercial properties. He has acted in several other important Court of Appeal cases and has dealt with complex and multi-million-pound claims.
An experienced property litigator can provide the benefits of sound advice and representation. The ability to provide practical, legal and strategic advice, good management of the case, and skilful negotiation is vital. At Prosperity Law, our property litigation team provides a service that is second to none.
We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues. The nature of these disputes varies greatly as does the type of client.
We have acted for both claimant and defendant in a range of complex and challenging cases including Court of Appeal decisions. We also work closely with specialist barristers and expert surveyors.
Generally, our property clients include commercial or residential landlords and tenants; developers; property management companies; institutional and private lenders; private homeowners; estate and letting agents; professional building and land surveyors, architects, engineers, and conveyancers; local authorities; housing associations; church authorities; charities; and care homes.
How we help
We will discuss all aspects of your case with you and advise you on the best steps to take to manage your property dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
We work proactively with our clients, offering comprehensive advice at each stage. We are also commercially focused and produce solutions to resolve your property dispute.
In addition to dealing with property defects and disrepair disputes, our specialist team can advise across a range of property matters including:
- Property purchase disputes including professional negligence such as flawed home buyers and other expert reports as well as conveyancing issues; Land Registry – rectification of title and adverse possession; co-owners; Trust of Land and Appointment of Trustees Act 1996 (TOLATA); constructive trust; and proprietary estoppel claims.
- Commercial lease renewal disputes such as forfeiture for breaches of covenant and statutory compensation.
- Purchase and sales-related issues such as specific performance of contracts to purchase and sale; auction sales; misrepresentations made on sale; property fraud; options to purchase; and overage.
- Possession disputes including forfeiture of a commercial or residential lease; landlords seeking to recover possession of the tenancy mortgage and bridging finance claims for possession; and tenants unlawfully evicted.
- Private land rights and neighbour disputes including establishing right to private parking and turning area by deed or prescription; easements including rights of way, drainage and light; boundary, trespass, and encroachment; party walls and fences; planning disputes; and problems with difficult neighbours (interference with boundary structures).
Paul Magee, Partner and Head of Real Estate Dispute Resolution at Prosperity Law, specialises in property litigation. If you would like any further information or need advice about any property dispute, Paul is always happy to have an initial, no-fee obligation conversation.
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