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Five top tips for resolving property disputes

15 July 2019

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The GP property transactions specialist team at Capsticks Solicitors LLP share their top tips on how to resolve property disputes

Practices can find themselves at the centre of property disputes, whether they are a landlord with third party tenants or whether they are a tenant with a third-party landlord, say Capsticks partners Dan Kirk and Lisa Geary.

One frequent cause of disputes is when practices have others in occupation such as pharmacists.

With practices working more collaboratively and sharing a multidisciplinary team across primary care networks, they should make sure they are prepared in case of any disagreements.  

Take a look at how you can avoid property disputes in the first place here, but if you have been unable to avoid a dispute, here are Capsticks’ top tips to help you resolve it:

Gather evidence

It’s always key to gather evidence. For example, look at emails, draft letters and draft lease terms. That’s going to be really helpful.

Identify your aims

Identifying your aims early on in the dispute helps keep you focused on what you’re trying to achieve in any dispute process or negotiation.

Evaluate cost/risks/benefits/levers

There’s then a longer process of evaluating the costs, risks and the benefit. Ask yourself the questions: ‘Is this proportionate? Is it worth the money you’re spending to get what you want out of it?’

Plan a suitable strategy

Taking all that into account, plan a suitable strategy. Part of that is whether you take a conciliatory or firmer approach that is suitable for mediation.

Best route to resolution?

Think about whether you should have a meeting or whether getting people in the room will just cause more problems than it solves. Following all the above steps should lead you to find the best route to resolution.