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Landlord and Tenant Disputes

We specialise in advising on contentious issues between landlords and tenants of commercial property and resolving disputes between them by negotiation, mediation, arbitration or litigation as required.

We act for both commercial landlords and tenants, for all nature of businesses, both small and large. We always identify and focus on our clients’ commercial requirements and we work with our clients to achieve their desired outcome as quickly and economically as possible.

The areas we cover include:

  • dilapidations
  • forfeiture and possession
  • 1954 Act business lease renewals(opposed and unopposed)
  • service charge disputes
  • recovery of arrears of rent and service charges
  • rent reviews
  • other breaches of covenant
  • claims against guarantors and former tenants
  • break notices (preparing and serving notices for tenants or checking the validity of notices for landlords) where serving an invalid notice can be disastrous for a tenant or present a landlord with an unexpected benefit
  • insolvency issues

For issues arising in relation to:

For any further advice on landlord or tenant issues please contact one of the team today to see how we can help.

Laceys are recognised in the Legal 500, an independent guide to leading law firms in the UK for their Property Litigation expertise, with a particular mention also for Mark Timberlake, our Managing Partner.

Mark Timberlake explains complex issues in understandable terms” and is “excellent in really difficult situation”.

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    Meet the Team

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    Rob Kelly

    Senior Associate — Dispute Resolution

    Direct dial: 01202 377871

    Email

    Rob Kelly
    • “I've worked with a fair few lawyers over the years and Rob Kelly is the most on the ball and efficient lawyers I've ever come across. I'm looking forward to working together for many years to come.”

      Roger Woodall CEO - Diamond Sporting Group

    • “I have had the pleasure of working with several members of the team at Laceys regularly over a period of years. I found Rob Kelly in particular, who worked on a successful litigation case for me over a period of several years to be outstanding in all aspects of the work he undertook, and the manner in which he did it. I now consider him a friend. I would not - and have not - hesitated to recommend Laceys to my family and friends, and continue to use them for all legal matters.”

      Dan Collins

    • “ I just wanted to thank you for your great work on the professional negligence case and other cases you have represented Indian Ocean and Tiien through the last few years.”

      Mehdi Vahdati, Director and Proprietor - Indian Ocean (Bournemouth) Limited

    Rob practices in two main, complimentary areas of work – contentious wills, probate and trust disputes, and property disputes.

    Contentious wills, probate and trusts

    More than half of Rob’s time is spent dealing with the contentious aspects of wills, probate and trusts, an area in which he has practiced continuously for over 20 years.  He advises and acts in disputes relating to wills and inheritance, trusts, the duties of trustees and personal representatives, and the administration of estate.

    Rob’s practice embraces:

    • Personal representative and trustee disputes (including personal representative and trustee disagreements, removals / substitutions and alleged misconduct)
    • Disappointed beneficiary claims
    • Will disputes (where the validity of a will is challenged on the grounds of undue influence, lack of testamentary capacity, lack of knowledge and approval of the contents of a will, and fraudulent calumny)
    • Financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975
    • Proprietary estoppel claims
    • Disputes about the proper construction, and rectification, of wills
    • Caveats
    • Professional liability claims arising from the preparation of wills and trusts and the administration of estates

    He has mediated (either as appointed mediator or as a representative) dozens of disputes involving contentious wills and probate issues.

    Property disputes

    The other side of Rob’s practice is contentious property work.  This embraces:

    • Residential and commercial landlord and tenant disputes
    • Disrepairs
    • Repairing covenants
    • Possession claims
    • Lease termination and lease forfeiture
    • Dilapidations
    • Service charge disputes
    • Interpretation and enforcement of leasehold covenants

    Rob’s style is a mix of listening, asking (tough) questions, diplomacy and reality testing. He’s interested, flexible, and pragmatic. He offers a common sense, realistic approach to assist his clients in searching for solutions to their disputes and brings straight talking and integrity to his work.

    Rob is an Associate Member of the Chartered Institute of Legal Executives.  He holds an LLB (Hons) degree in law.  He successfully completed training as a mediator under the ADR Chambers / Harvard Law Project Scheme in June 2006, was one of the first mediators to have been appointed an IMI Certified Mediation Advocate in the UK with a commercial practice, and is a member of the Civil Mediation Council.

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    Mark Timberlake

    Managing Partner — Dispute Resolution

    Direct dial: 01202 377863

    Email

    Mark Timberlake
    • “The advice Mark gave was very good value for money and the combination of strictly accurate legal advice and common sense were exactly what I needed.”

      Nick Stocks. Director, Spitfire Court Properties Ltd.

    • “Mark Timberlake is an exceptional solicitor. He has a huge depth of knowledge in his speciality and looks after his clients in a very kind and patient manner. Mark is unfailingly courteous and always a pleasure to deal with. I am always confident in any matter that Mark has dealt with.”

      Jane Balmforth

    • “We have had many years of top class professional advice and assistance in many respects of our property ownership. However great our worries initially, matters have been dealt with in a most professional manner and to our satisfaction.”

      Michael Filer, Bourne Court Consortium

    Mark qualified as a solicitor in 1989 and since then has specialised in property and landlord and tenant disputes, possession and debt recovery in relation to both commercial and residential property. He has extensive experience in relation to issues involving blocks of flats including representation in the Property Chamber and the courts. He has also dealt with many commercial disputes, professional negligence and insolvency claims.

    He has frequently given talks on the law as it affects managing agents through the Association of Residential Managing Agents and other groups.

    He has been recommended for many years by the Legal 500 Guide to the Legal profession which has said that Mark ‘is very highly rated by clients’, ‘explains complex issues in understandable terms’ and ‘is excellent in really difficult situations’. 

    Mark is married with 2 teenage children and at weekends can often be found on his boat which he sails competitively.

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