Real Estate Dispute Resolution
In today’s business climate it is almost inevitable that you or your organisation will encounter a situation where you need to turn to a dispute resolution expert for advice and assistance.
At Harold Benjamin we recognise that no two disputes are alike. Each needs to be considered on its own merits, taking into account the context of the dispute and the sector or location it relates to. But whatever the situation, clients require expertise in how best to resolve a dispute in the most efficient and cost effective way.
Our experienced team can handle your dispute, whenever and however it occurs and we will work closely with you to identify the solutions that are right for you and your business. Wherever your dispute is being heard whether in Court or a Tribunal, we will advise you on the best tactics and approach to adopt and guide you through the process.
As well as any form of commercial dispute, we are particularly highly regarded for our expertise and experience in property litigation, but in any circumstances we vigorously protect the interests of our clients.
Examples of our work include:
- Alternate Dispute Resolution
- Banking disputes
- Professional liability claims
- Residential and Commercial Landlord and tenant disputes
- Contractual disputes
- Company/commercial disputes
- Construction/building disputes
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Party Wall/Neighbour Disputes
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Boundary Disputes
- Consumer claims
- Debt collection
- Employment disputes – on behalf of the employer
Recent case studies
Advising existing client on the purchase of 52 Princes Gate, London, SW7 2PG and lease back to Imperial College
The firm acted for a long-standing investor client on the £12.5 million acquisition of a freehold listed property in central London from Imperial College London, with Savills acting as selling agents. The team advised throughout a complex tender process, carried out extensive due diligence, and resolved issues relating to acquired rights and adverse possession. Despite the transaction’s value and complexity, it was completed within a demanding timetable, with exchange and completion taking place simultaneously. A leaseback to Imperial College was secured, generating annual rental income of £516,000 and delivering a successful long-term investment for the client.
Advising on the Administration of an Insolvent Estate.
This was an unusual estate administration where liabilities exceeded assets, leaving no distribution available to beneficiaries. The entire estate was therefore administered for the benefit of creditors, requiring the application of insolvency principles under the Insolvency Act 1986. The firm effectively acted in a role similar to an insolvency practitioner, reviewing and prioritising claims from banks, HMRC, and family members to ensure correct legal ordering of payments. A key issue involved a secured loan over the deceased’s property, repaid by a third party prior to sale. This raised complex equity considerations regarding subrogation and creditor status. The estate was successfully administered in full, with all debts resolved in accordance with the proper legal framework. A key issue involved a secured loan over the deceased’s property, repaid by a third party prior to sale. This raised complex equity considerations regarding subrogation and creditor status. The estate was successfully administered in full, with all debts resolved in accordance with the proper legal framework.
Acting for pub landlord in High Court appeal against refusal of opposition to new lease on redevelopment grounds
The landlord opposed a tenant’s request for a new lease of pub premises under ground (f) of section 30(1) of the Landlord and Tenant Act 1954, relying on an intention to redevelop the property into residential flats and mews houses. To succeed, the landlord had to show that redevelopment works would begin within a reasonable time after termination of the tenancy. However, the proposed works were delayed by 10–14 months due to the need for site access to carry out tests for a planning application, which the tenant had refused. The trial judge initially considered this delay reasonable. On appeal, the High Court held that the landlord had not demonstrated a sufficiently prompt intention to commence works, finding 10–14 months too long. The case provides guidance that redevelopment opposition is difficult where further steps, such as planning permission, remain outstanding.
Dispute Resolution team
Abby Kailayapillai
Senior Associate Solicitor, Commercial & Residential Investment
Alex Kornieva
Associate Solicitor, Commercial & Residential Investment & Real Estate Finance
Amaar Khan
Associate Solicitor, Commercial & Residential Investment & Real Estate Finance
Andrew Farnell
Partner, Commercial & Residential Investment, Owners & Occupiers and Portfolio Management
Anjali Derashri
Solicitor, Owners & Occupiers and Portfolio Management
Arti Thakrar
Legal Director, Private Client
Barrie Jones
Legal Director, Development & Planning
Bill Bidder
Legal Counsel, Development & Planning
Chris Snodin
Partner, Development & Planning
Christian Le Gouais
Partner, Development & Planning
David Eder
Partner, Commercial & Residential Investment & Real Estate Finance
Davina Puran
Solicitor, Private Client
Gemma Grimes
Owners & Occupiers and Portfolio Management
Geoff Dennis
Partner & Head of Private Client
George Stoyanov
Trainee Solicitor, Owners & Occupiers and Portfolio Management
Geraldine Thornton
Paralegal, Development & Planning
Glenis Francis
Legal Executive, Residential Property
James Lewis
Paralegal, Leasehold Enfranchisement
James Oxley
Partner, Corporate & Commercial
Jamie Abrahams
Operations Director
Jamie Brown
Senior Associate Solicitor, Commercial & Residential Investment & Real Estate Finance
John Oliver Bellasis
Legal Director, Commercial & Residential Investment, Owners & Occupiers and Portfolio Management
Jon Mahony
Partner, Head of Dispute Resolution
Jonathan Dorman
Consultant, Private Client
Juliana Mocatta
Legal Director, Development & Planning
Karan Lotay
Trainee Solicitor, Commercial & Residential Investment
Lisa Hanley
Paralegal, Development & Planning
Manisha Hirani
Solicitor, Dispute Resolution & Litigation
Manjit Dhanda
Paralegal, Leasehold Enfranchisement
Marina Vincent
Partner, Employment Law
Milli Jones
Partner, Commercial & Residential Investment
Mina Kakkad
General Counsel and Partner, Commercial & Residential Investment
Nikita Mayani
Associate Solicitor, Private Client
Nisha Patel
Senior Associate Solicitor, Leasehold Enfranchisement
Nishma Parmar
Senior Associate Solicitor, Commercial & Residential Investment & Real Estate Finance
Niten Chauhan
Head of Restructuring and Insolvency and Lead International Partner
Ozan Zorba
Senior Associate Solicitor, Banking and Finance
Patrick Browne
Solicitor, Commercial & Residential Investment & Real Estate Finance
Ray Oshry
Partner, Head of Commercial Real Estate Group, Commercial & Residential Investment & Real Estate Finance
Ric Mapp dos Anjos
Solicitor, Legal Director and Head of Residential Property
Insights
Ban on Upwards Only Rent Reviews
Commercial Landlord & Tenant, Business - Real Estate, Commercial Real Estate, Lease Extensions
8 Sep 2026
Reforming Ground Rent – the Commonhold and Leasehold Reform Bill
Lease Extensions, Real Estate
21 Apr 2026
The New Commonhold Regime – The Commonhold and Leasehold Reform Bill – Part 1
Lease Extensions, Real Estate
24 Feb 2026
Common Issues with Side Letters Between Landlord and Tenant
Commercial Landlord & Tenant, Real Estate
30 Jun 2025
Landlord’s Intentions Triumph in Lease Renewal Dispute
Commercial Landlord & Tenant, Commercial Real Estate
16 May 2025
Leasehold Reform – where are we now?
Real Estate
14 Nov 2024
Landlord Considerations for Tenant Alterations
Commercial Landlord & Tenant, Commercial Real Estate
22 Oct 2024
The Role of Indemnity Policies in Secured Lending Transactions
Auctions & Investment Property Advisory, Construction, Development and Planning, Secured Lending
19 Sep 2024
Leasehold Reform is here (sort of) – the Leasehold and Freehold Reform Act 2024
Real Estate, Residential Property
6 Jun 2024
Top 10 Questions You Should Ask Before Entering into a Lease for Your Restaurant
Commercial Landlord & Tenant, Real Estate, Uncategorized
31 May 2024
How Japanese knotweed sparked a major shift in Property Litigation.
Commercial Landlord & Tenant, Dispute Resolution, Property Litigation, Real Estate
30 Jan 2024
Embedding Sustainable and Eco-friendly Design in Residential Property Development.
Construction, Development and Planning, Residential Property
5 Sep 2023
How Renewable Energy is affecting the Commercial Marketplace: The Problems facing Landlords and SMEs and the Solutions to tackle them
Business Law, Commercial Real Estate
14 Aug 2023
Illegal cannabis farming by tenants – A growing problem for landlords
Real Estate, Residential Property
19 Jul 2023
83 is the magic number
Real Estate, Residential Property
13 Jul 2023
Why do I need a solicitor to re-mortgage my home?
Real Estate, Residential Property
28 Feb 2023
Share of Freehold – How to give the taxman a windfall by doing nothing.
Lease Extensions, Real Estate, Residential Property
9 Feb 2023
Anti-competitive practice and land agreements
Commercial Landlord & Tenant, Commercial Real Estate, Real Estate
21 Sep 2022
The new Register of Overseas Entities – An overview
Auctions & Investment Property Advisory, International, Real Estate
6 Sep 2022
Welcome to the new world of (no) ground rent (sort of).
Lease Extensions, Residential Property
16 Aug 2022
COVID-19 Rental Arrears
Commercial Landlord & Tenant
2 Aug 2022
Room for improvement in drawn out property disputes
Business Disputes, Commercial Landlord & Tenant, Real Estate
17 Jun 2022
The Leasehold Reform (Ground Rent) Act 2022 – What to expect
Real Estate, Residential Property
3 May 2022
Get your ducks in a row: Drafting rent review provisions in leases
Commercial Landlord & Tenant, Commercial Real Estate, Real Estate
20 Apr 2022
“Share of Freehold”: not necessarily a sweet deal
Private Clients, Real Estate, Residential Property
12 Apr 2022
Companies face even tougher times ahead as remaining temporary insolvency measures come to an end
Commercial Landlord & Tenant, Commercial Real Estate, Insolvency
8 Apr 2022
Affordable Housing Shortage Proves Decisive in High Court Planning Case
Real Estate, Residential Property
17 Mar 2022
Houses in Multiple Occupation – Landlords Overturn Rent Repayment Order
Commercial Landlord & Tenant, Real Estate
15 Mar 2022
The Legal Status of Property Guardians – Court of Appeal Clarifies the Law
Real Estate, Residential Property
9 Mar 2022
Do You Object to a Neighbour’s Development Plans? Consult a Solicitor
Construction, Development and Planning, Residential Property
4 Mar 2022
Cladding Support
Cladding, Construction, Construction, Development and Planning
24 Feb 2022
Housing Project Survives Historic Airfield Owner’s High Court Challenge
Real Estate, Residential Property
21 Feb 2022
Renewal of Commercial Leases – Intention is More than Mere Contemplation
Commercial Real Estate, Corporate & Commercial, Lease Extensions
10 Feb 2022
Litigation – You Need a Lawyer to Navigate the Procedural Minefield
Business Disputes, Property Litigation
27 Jan 2022
COVID-19 – Retailer Unlawfully Refused Government Financial Support
Retail and Leisure
26 Jan 2022
Determined DIY Builders Score Important Victory Over HMRC
Business Disputes, Business Law, Construction, Construction, Development and Planning
10 Jan 2022
Is Your Lease Under Threat of Forfeiture? Don’t Delay Consulting a Solicitor
Commercial Landlord & Tenant, Lease Extensions, Real Estate
10 Jan 2022
High Court Aids Widow Left in Precarious Position by Husband’s Death
Private Clients, Property Litigation, Wills, Trusts and Probate
7 Jan 2022
High Court Steps In to Unwind Former Friends’ Joint Property Venture
Private Clients, Property Litigation, Real Estate, Technology & Data Protection
23 Dec 2021
Are You a Pandemic Home Worker? Do You Need Planning Permission?
Construction, Development and Planning
13 Dec 2021