Partner , Commercial Dispute Resolution
Don has over 15 years of property litigation experience in private practice. He leads the property litigation work and is also overall head of Dispute Resolution at Fraser Brown. Don predominantly practices in the High Court with particular experience of the Technology and Construction Court in respect of dilapidations claims. He deals with all aspects of 1954 Act renewals including opposed renewals and court determinations. He specialises in complex property litigation work, regularly advising commercial landlords and tenants. He also deals with other property related disputes as well as handling general commercial claims for both UK and overseas based property clients including agents. He is a member of the Property Litigation Association and he regularly contributes to LexisNexis Q &A’s.
Don is recognised throughout the region as one of the best Property Litigators in the Midlands. Donald continues to grow his department with significant client gains over the last twelve months and significant increases in fee turnover.
Don is a member of the Property Litigation Association
Don covers the following work areas:
- Landlord and Tenant
- Commercial Property Disputes
- Right of entry and Notice to repair
- Unopposed and opposed renewals
- Rent and Service charges
- Break notices
- Rent review
- Forfeiture and possession
- Land registration issues including easements and restrictive rights
- Rights of way
- Title issues
Professional Negligence claims arising out of professional advice given in respect of land purchases, leases and valuation advice
General commercial disputes:
- Breach of contract
- Directors and shareholders
- Property development and management and related disputes
Legal 500 2016: “Don Peel leads the team at Fraser Brown, which continues to represent London & Cambridge Properties on a number of dilapidation claims.”
Chambers 2016: “Don Peel of Fraser Brown has a wide-ranging practice and handles break notices, rent reviews and contentious lease matters”
Recent work undertaken:
- We successfully advised in respect of a industrial estate occupying land owned by a private trust but managed by the Local Authority. The Authority proposed parking restrictions on unadopted estate roads used by our client for deliveries, which have lead to severe operational issues for many businesses affected by the proposed parking restrictions. The Authority also challenged user rights under the lease. We ensured that the client’s interests were protected and that the proposed restrictions complied with lease terms and property rights of the client. We ensured the client was able to continue to operate their business from the premises.
- Dispute concerning the landlord’s claim to be entitled to rectify the lease to include a rent review that it claimed was missed out of the final lease by mistake. The property is Located in Central London in the major shopping area of Oxford Street.
- Negligence claim against solicitors over missing break provision in a lease.
- Property management of an extensive property portfolio across England and Wales.
- Dealing with section 25 notices served on 5 separate leases for premises occupied by the client in London. The landlord had made it clear to the client that it wanted to preserve the right to re-develop and wanted contracted out leases. However, this would destroy the client’s right to statutory compensation when the leases ended. We have advised the client and assisted in the agent’s negotiation with the landlord on offering contracted out leases but with a compensation clause on determination.
- We continue to undertake numerous and significant dilapidations claims for LCP. We have successfully completed or are dealing with 20 plus claims over the last 18 months.
- Dilapidations dispute concerning a heritage building in Sudbury.
- A refused consent to underlet on a landmark Nottingham building; a dispute over empty property rates and rate exemptions, various notices and renewal litigation
- Work on behalf of a significant multinational, multi base organisation. Various matters have been dealt with throughout 2016 for various group companies ranging from advice and assistance on lease renewals to urgent possession proceedings against travellers on a substantial factory site opposite one of the client’s regional headquarters.
A great turn out and opportunity to develop existing talent for property litigators in the region.
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