Where negotiations fail or break down there are various dispute resolution options available, but whichever route is chosen, the specialist team at Malcolm Hollis has the expertise and experience to secure the best outcome economically.
We have an established reputation in providing specialist advice in many different types of property disputes involving landlord and tenant issues (such as dilapidations, service charges and contested lease renewals), rights of light, boundary disputes, party walls, technical due diligence, development monitoring and negligence cases.
We understand that there will be occasions when it is necessary for you to seek advice from other professionals. To this end we maintain close associations with numerous solicitors specialising in litigation matters and also various Chambers. We also highly recommend using our on-board lawyer, Vivien King. Vivien has a wealth of experience in the property litigation field having practised for years as a partner in a well known firm of solicitors. Whilst no longer in practice, she can help you in directing your questions to the right people including barristers.
Recognising our clients’ varying needs we offer a range of alternative dispute resolution (ADR) services:
Expert Determination in Dilapidations
The RICS runs a scheme specifically for dilapidations disputes which allows both landlords and tenants to refer a dispute to the RICS and ask them to appoint an expert. We are also at the forefront of the progression of this RICS service.
As recognised dilapidations experts, we also have a proven track record in independent expert determination in this specialist area. So, should you prefer not to go through the RICS, clients can also access our broadly identical Malcolm Hollis Expert Determination service directly from us.
Second opinion evaluation
This is another service most particularly aimed at dilapidations disputes, but which would also suit a range of other disputes such as technical due diligence, development monitoring and rights of light. Essentially this service enables landlords, tenants, surveyors and other advisers to instruct us to review a file, or inspect a building to offer advice on a relevant issue.
Similar to the Second Opinion Evaluation, our Pre-litigation review service is also aimed at landlords, tenants or even their appointed surveyors/advisors. Our clients find this service is particularly beneficial to those seeking advice and reassurance before proceeding with costly litigation. Our Pre-litigation review service typically offers an independent appraisal of the strengths and weaknesses of a case, involving a desktop appraisal and, where appropriate, a site inspection. Equally, this service could take the form of an advocacy role in helping to plug gaps in a claim, perhaps in preparation for a supporting or advisory role in subsequent action such as mediation.
Mediation is perhaps the best-known form of ADR. At Malcolm Hollis, we have considerable experience and success in providing mediation support, either via a pre-appointed expert or as a separately appointed negotiator or technical advisor. Importantly, we maintain an ongoing commitment to mediation training.
1954 Act contested lease renewal advice
Our on-board solicitor has had much experience in this field and our standing as dilapidations experts has lead to our being instructed by a number of law firms to offer our advice in this specialist area.
We provide advice to Landlords and Tenants alike on contested lease renewals under section 30 of the Landlord and Tenant Act 1954 on grounds (a) disrepair and (f) redevelopment. Our dilapidations expertise seamlessly complements this complex, and often misunderstood, area of practice.
Expert witness and litigation support
Of course, should the traditional litigation process via the courts be the preferred option, Malcolm Hollis can also provide clear guidance on how best to proceed. Our carefully constructed expert reports significantly enhance the client’s prospects of securing a successful resolution, which very often avoids the expense of a formal hearing.
- Alternative dispute resolution
- Expert witness and litigation support
- Independent Expert Determination
Contact us for more information about any of these products.