Case studies

• Managing service charge issues and arrears
  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.
• Supervising multi-faceted bank recovery claim
  We acted for an overseas bank in relation to a legal charge over two commercial properties in Barking which are valued together at approximately £6 million.
• Corporate support on purchase of distressed asset
  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.
• Negotiation and restructuring to avoid administration
  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.
• Making the break - overcoming distribution warehouse dispute
  We acted for the landlord on a contested break notice for a lease of a vacant distribution warehouse.
• Steering a path through assignment maze
  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.
• Residential possession proceedings to allow redevelopment
  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.
• Cost saving intervention in claim against liquidator
  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.
• Securing freehold purchase of car dealership
  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.
• Successful conclusion to High Court grazing rights claim
  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.
• Advising on retailer insolvencies
  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.
• Intervening in a Central London rent review
  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.
• Achieving a substantial oversailing bonus from hotel developers
  We advised landlords of Central London offices concerning encroachment from a neighbouring hotel development.

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