Property Litigation

We specialise in all types of property litigation.

Types of property litigation

Our property litigation lawyers can help you.

Property disputes can be financially and emotionally draining. At LHL Attorneys Inc., we provide strategic and cost-effective legal solutions to individuals, businesses, and property developers involved in property-related litigation. Whether you’re facing a boundary dispute, a breach of a property agreement, or unlawful occupation, our experienced litigators will protect your interests with precision and professionalism.

Our team works to resolve disputes efficiently, through negotiation, mediation, or, where necessary, litigation in the High Court or Magistrate’s Court. We understand the commercial and personal value of property, and we focus on achieving practical outcomes that preserve your rights and minimise disruption.

Whether you are a property owner, developer, landlord, tenant, or body corporate, LHL Attorneys Inc. is here to assist you in navigating even the most complex property disputes with confidence.

We handle a wide range of property disputes, including:

Types of property litigation we perform

Residential landlord and tenant disputes

Relationships between landlords and tenants are often difficult because, for example, each party often relies on the other to provide maintenance services. Issues of when rent payments are due and when deposits should be repaid could also lead to disputes. Terminating a lease agreement also often leads to disputes due to penalty clauses that may oblige the tenant to pay a few months’ extra rent if they terminate the lease early. Our property law litigators are experts at navigating and resolving these types of disputes, whether through mediation, approaching the Rental Housing Tribunal, or court action.

Commercial property disputes

Our property law litigators are skilled in navigating complex commercial property disputes, whether they relate to zoning issues, re-zoning, default in payments due, or disputes relating to any of the terms of the lease or sale agreement. We blend our commercial sensibility with our legal expertise to ensure that commercial property matters are dealt with swiftly.

Tribunal appearances and appeals or review of tribunal decisions

The Rental Housing Tribunal is the entity established to decide disputes between landlords and tenants. Disputes vary and could relate to a wide range of issues, including non-payment of rent or non-return of deposits, lack of maintenance or unlawful seizure of the tenant’s belongings. We can assist in advising you on your complaint, and help in drafting and lodging the complaint with the tribunal. We can also help you to review the decision of the tribunal if you are not satisfied with the decision – this involves an application to court.

Judicial review of tribunal and/or regulatory body decisions

South Africa has a range of tribunals and other regulatory bodies empowered to make decisions relating to specific disputes. For example, the Consumer Tribunal makes decisions relating to the Consumer Protection Act and the National Credit Act. The Competition Commission deals with competition law issues. The Council for Medical Schemes deals with disputes between medical schemes and their members. The Rental Housing Tribunal deals with disputes between landlords and tenants. These are just some of the bodies established to deal with specific disputes. However, if you are not satisfied with the decision of a regulatory body or tribunal, you can apply to the court to review those decisions to have them set aside or changed. We assist with all types of appeals and reviews, and our expertise in litigation ensures that these matters are dealt with as efficiently as possible.

Property Litigation claims FAQs

We specialize in resolving a broad range of commercial property disputes, including:

  • Lease disputes, such as rental arrears, breaches of lease terms, and dilapidation claims.
  • Disputes involving commercial property development, including construction delays and planning issues.
  • Boundary disputes affecting business operations.
  • Real estate investment disputes, including breaches of purchase agreements.
  • Professional negligence claims against surveyors, architects, or agents.
  • Landlord and tenant conflicts, including forfeiture and lease renewals.
  • Landlords: Rent recovery, tenant breaches of lease terms, property damage, and enforcing forfeiture.
  • Tenants: Unfair lease terms, property maintenance disputes, rent review disagreements, and unlawful eviction.

We tailor our approach to suit your business objectives, prioritizing cost-effective and time-efficient solutions through:

  • Negotiation: Resolving disputes directly between parties.
  • Mediation or Arbitration: Alternative dispute resolution methods to avoid litigation.
  • Litigation: Representing your business in court when necessary to achieve the best outcome.

Dilapidation claims involve disputes over the condition of a leased property at the end of the tenancy.

  • Landlords: We assist in recovering costs for repairs or reinstatements.
  • Tenants: We defend against excessive or unreasonable claims, ensuring fair resolutions.

Dilapidation claims involve disputes over the condition of a leased property at the end of the tenancy.

The process typically involves:

  1. Initial Assessment: Reviewing your case, objectives, and potential outcomes.
  2. Pre-Litigation Efforts: Exploring resolution through negotiation or mediation.
  3. Filing Proceedings: Initiating legal action if necessary.
  4. Court Representation: Advocating for your business interests in court.
  5. Settlement or Judgment: Resolving the dispute through a court decision or negotiated settlement.

Timelines vary based on the complexity of the case and the resolution method. Negotiations or mediation may take weeks, while court proceedings can take several months to years. We aim to resolve disputes as quickly as possible without compromising your interests.

Costs depend on the complexity of the dispute, the method of resolution, and the resources required. We provide transparent fee structures, offering fixed fees, hourly rates, or retainer agreements based on your preferences.

In many cases, the successful party may be entitled to recover some or all legal costs. However, this is not guaranteed, and we will advise you on the likelihood of cost recovery based on your case.

  • Specialized Expertise: We have extensive experience handling complex commercial property disputes.
  • Business-Focused Approach: Our solutions are tailored to protect your financial and operational interests.
  • Strategic Advocacy: Whether negotiating or litigating, we prioritize achieving your business goals.

Contact our Property Litigation Department to schedule an initial consultation. We’ll evaluate your case, discuss your objectives, and outline the best course of action to resolve your dispute.

Reasons to choose
LHL Attorneys
Proven Track Record
Forward Thinking
Client Focused Approach