Litigation

Taking someone to Court takes time and costs money. Sometimes there is simply no choice. Whether it’s developers who won’t comply with their legal obligations or owners who won’t pay service charges, we can help you with whatever the difficulty is. The Multi-Unit Development (MUD) Act 2011 has confirmed rights available to apartment owners, although some might experience difficulties enforcing them. This is particularly the case where developers retain control of the Owners Management Company, and where apartment owners feel that this is not being managed in their interests.

Our litigation services are smooth and streamlined. Before we proceed however, we need you to provide us with all of the information necessary to make your case. So if you need to speak to us about litigation as an option, bring your file with you. It will save your time as well as ours.

Following an initial consultation, the basis of any case needs to be examined carefully to ensure not only that there is a basis in law for taking the case, but also that the evidence can be gathered to support it. This part of the process can take time, but you could look at it as being an investment in making the right decision. As every legal action brings with is a risk of losing, we don’t encourage clients to take litigation where we do not feel it is necessary, or where it is not warranted for some other reason.

On debt collection matters, we operate a highly efficient process which to date has provided payment in over 70% of cases within 2 months of being instructed. The costs of this type of litigation, although initially payable by the Owners Management Company, can be recovered from the owner who has failed to make their payments.

In all cases, documentation is key. So you will at least need to have the following:-

  • Copies of your title deeds, or at minimum your Lease
  • Memorandum and Articles of Association for the Management Company
  • Any letters or other correspondence which relates to the problem
  •  Information about who exactly you need to deal with e.g. the Board of Directors, the Developer, the Managing Agent

Further information on our litigation services are available for apartment owners, owners management companies, landlords & investors and tenants, or contact us directly and we will discuss your needs with you  in detail.