Case studies

We acted for the owners of a property over which a claim was made for grazing rights (profits à prendre). The neighbouring landowners own a farm used for rearing polo ponies. They claimed grazing rights over our clients' land during the spring and summer months. If the claim had been successful, our clients would have been severely constrained in the use of their land.

Our lawyers advised on assignment issues relating to a lease held by an old style solicitors' partnership post K/S Victoria Street v House of Fraser.

Our Real estate litigation team was asked to take over handling the exercise of an option. The tenants were being met with considerable delays from landlords who had no interest in selling a valuable income producing asset. The whole process had become unnecessarily complicated with threats of litigation and a pending arbitration.

A group of institutional investors engaged us to secure vacant possession of some residential flats above a large block of commercial and retail premises on a well-known London high street.

Our specialist lawyers advised tenants and guarantors of various properties in different funds on negotiations with a group of Regus companies over applications to assign and re-gear leases. This involved close liaison with other solicitors to ensure a coordinated response.

Our Real estate litigation team advised a major UK fund on service charge issues and other arrears exceeding £1 million, arising out of the insolvency of a bank holding three leases in a landmark Manchester office building.

We acted for the landlord on a contested break notice for a lease of a vacant distribution warehouse. Alleged structural defects to the building’s foundations meant that the tenant had difficulties in complying with its repairing obligations, and this led to disputes over the extent of works necessary to operate the break clause. Proceedings were also issued against the construction team responsible for the original design and the work involved coordinating those proceedings with the landlord and tenant matters.

We advised landlord clients on the procedures adopted by a chartered surveyor appointed by the President of the RICS to act as an expert to determine rent payable on a rent review of a West End office block.

A family property company was selling off property and distributing capital to the family. One of the directors agreed a nil rent increase with a tenant without reference to the purchaser, prompting a claim for loss. The company was being wound up and the liquidator was prepared to accept the claim in full.

Our Real estate litigation team advised the potential purchaser and its bankers Rothschild on negotiations to purchase businesses from administrators/receivers where there were major concerns about the validity of charges over properties and the ability of the administrators/receivers to sell those real estate assets.

Penningtons has advised long-term client Aviva Investors and others on the impact of a number of major retail insolvencies including Fitness First, La Senza, Blacks Leisure, Allied Carpets and JJB. Our work has included a full review of the terms of these insolvency proposals governing both stores that were proposed to continue trading and those that were to be closed.

We advised landlords of Central London offices concerning encroachment from a neighbouring hotel development.