We advise clients on a wide range of property and real estate disputes, providing clear, strategic advice designed to protect your position and resolve matters as efficiently as possible.
Real Estate & Property Disputes
Property disputes are rarely just about legal rights. They often involve commercial risk, reputational concerns, regulatory complexity and, in residential matters, significant personal impact. Our role is to help you understand your options early, assess risk realistically, and pursue the most effective route to resolution.
Litigation is not always the right starting point. Where appropriate, we work to resolve disputes through negotiation or alternative dispute resolution, including mediation and arbitration. These approaches can reduce cost, avoid unnecessary escalation and lead to faster, more controlled outcomes. Where court proceedings are unavoidable, we act decisively and guide you through the process with clarity, focus and confidence, from pre‑action strategy through to trial and enforcement.
We act for individuals, landlords, developers, investors and landowners in both residential and commercial property disputes, offering advice that is legally robust, practically focused and tailored to the specific issues at hand.
How we can assist
Major and complex litigation
We act in high‑value and legally complex property disputes, often involving urgent issues, novel points of law or significant commercial exposure. Our involvement frequently begins at an early advisory stage, helping clients shape strategy, manage risk and position matters effectively should proceedings follow. When disputes proceed to court, we have experience acting through all stages of litigation, including trial.
Commercial real estate disputes
We advise developers, investors and asset managers on disputes arising across a wide range of commercial property assets, including retail, office, industrial and mixed‑use developments. Our work includes landlord and tenant disputes, contractual and development‑related issues, enforcement of property rights and disputes arising out of asset management and occupation.
Residential property disputes
Our residential property work includes disputes between landlords and tenants, ownership and occupation issues, possession matters, and claims arising from breaches of lease or statutory obligations. We are particularly experienced in matters involving regulatory change and contested residential tenancies, where a clear understanding of the legal framework is critical.
Enfranchisement and leasehold disputes
We advise both landlords and tenants on leasehold enfranchisement, including lease extensions and collective enfranchisement claims. Our work includes strategic advice, dispute resolution and litigation where agreement cannot be reached, ensuring that statutory rights are properly protected and exercised.
Why SCW Legal
Clients value our focused approach, technical expertise and willingness to engage directly with the issues that matter. We are known for being pragmatic, decisive and commercially aware, with a strong understanding of how property disputes operate in practice as well as in law.
Enfranchisement & Lease Extensions
Leasehold Enfranchisement
Leasehold Enfranchisement is the extension of your residential lease or the joining together with your neighbours to purchase your freehold. It can also mean buying the freehold of your house.
The right for a leaseholder to extend their lease or buy their freehold, and indeed the process by which they can do it, is governed by legislation. For a leasehold house, the Leasehold Reform Act 1967 applies. For a flat then it is the Leasehold Reform, Housing and Urban Development Act 1993.
If the tenant and the flat (or house) and the building all qualify under the rules set out in the legislation, then the tenant can extend the lease of their flat for an additional period of 90 years or purchase the Freehold (if the property is a house). Or (if the property is a flat) join with his neighbours to buy the freehold of the building.
The price payable to the landlord in each case is governed by the formulae set out in the legislation. Parties will either agree it or have it determined by the First Tier Tribunal.
We have a high level of expertise in the field. Gary Scott formerly headed up the Property Litigation department at an established West End practice before helping to create Spector Constant & Williams. He is a member of the Association of Leasehold Enfranchisement Practitioners, successfully assisting both Landlords and Tenants throughout London and the South East.
We can assist with general advice as well as oversee the entire process, from the initial notice, through to completion.
Right to Manage
We advise on Right to Manage claims as introduced by the Commonhold and Leasehold Reform Act 2002. In summary, the tenants of a qualifying block of flats have the right to collectively manage the building via a formal Right to Manage company. Our team has extensive experience in guiding qualifying tenants through the entire process and also advising Landlords as to their position should a claim notice be served on them.
Right of First Refusal (s5 Landlord and Tenant Act 1987 “LTA1987”)
Our experienced solicitors advise both landlords and tenants in relation to the Right of First refusal contained in Part I of the LTA1987.
Are you a landlord?
If you’re a landlord and are considering disposing of, or buying, the whole or any part of a freehold (or head leasehold) property which is subject to residential leases then you should seek advice about the impact of s5 LTA1987.
The consequences of getting it wrong are potentially a criminal prosecution and/or a forced transfer of the property to the lessees at the price paid. In a rising market and without a limitation-period defence being available (i.e. you could still be at risk in 10 years or more) then not serving a notice could be a costly omission.
Are you a tenant?
If you’re a tenant and have been served a s5 notice and are unsure as to what you want to or can do next, or if your building or part of your building has been sold without being offered to you, then you should contact us for advice on how to quickly protect your position.
