Our property disputes team has extensive experience advising charitable organisations on a wide range of property-based disputes, to include landlord and tenant issues and providing support and guidance in the disposal, acquisition and development of property.
We work with an assortment of charities, including national organisations and smaller faith-based clients. The solicitors in our team work closely with our colleagues in the charity law team to ensure we are up to date with this specialist area, meaning that our advice is tailored to ensure compliance with relevant legislation and regulations with which charities are bound to observe.
How we can help charities with property disputes
We advise and support our clients on all common estate management issues that portfolio holders may experience, such as the recovery of rent and service charge arrears, the disrepair of property, rent review, the renewal and termination of leases and possession disputes.
Our property disputes team supports our charity law team in connection with real property transactions. Where disputes arise in relation to those transactions, we are able to guide our clients in reaching a resolution to enable the completion of a transaction or, where necessary, acting on behalf of charities in matters relating to breaches of sale and purchase agreements, overage disputes and land registration issues, such as restrictive covenant, easement or prescription and adverse possession claims.
Trespass to land or nuisance charity disputes
Like all property owners, charities may experience trespass to land or nuisance from adjoining property and our team is able to offer advice on how best to address this.
Charity property disputes - governance and regulation
We are well-versed in advising charities on the interaction between governance procedures and property principles, including trust arrangements and ensuring compliance with the regulatory frameworks that apply. We also appreciate that a charity’s inherent nature must take into account the principles of best practice and reputation in addressing any dispute and tailor our advice accordingly.
Charity property disputes - mediation and negotiation
Our experience means we understand that charitable organisations may be restricted in their ability to fund complex litigation and we are well-practised in pursuing alternative means of dispute resolution such as mediation and negotiation in order to reach a resolution at the minimum of cost and time. Where appropriate we will represent charities throughout court proceedings, arbitrations and expert determination.
Please contact Phil Scully.
Remuneration for the supply of goods and the power to award equitable allowances.
The government did not accept two of the Law Commission’s recommendations - as they saw them as important safeguards in protecting charities interests in property.
In this ebriefing, we focus on the response regarding cy-pres schemes and the proceeds of fundraising appeals.
The monthly round-up from the Anthony Collins Solicitors charities team
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
Finally, there is a glimmer of hope that perhaps the Covid-19 pandemic could be reaching its end.
Last week, England entered another period of lockdown which will last until at least 2 December.
It has been another difficult few weeks for many of us, especially those who find themselves under tier 3 restrictions.
Charity Financials, the financial information program from Wilmington Charities, has published its latest Income Monitor report.
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