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Laura Anderson
I am very satisfied with the service which I received from Moss Solicitors. - Mr N R - Castle Donington (Nick Gay - Dispute Resolution and Employment)

Our Dispute Resolution Department is experienced in dealing with a broad range of matters in a constructive manner, recognising the importance of identifying their client’s objectives and concerns and providing a cost-effective service.

The Department helps both businesses and individuals to enforce and defend their legal rights, in disputes involving property (commercial and residential), professional negligence, validity of Wills and adequacy of provision for Beneficiaries, debts and breach of contract.

The team recognises that clients often instruct a solicitor as much for their practical support as for their legal knowledge, and so advice is delivered in a way that the client will be able to understand and act upon.

We are also keen to explore alternative means of resolving disputes, including by mediation and arbitration, though we will use the County or High Court where appropriate.

Commercial Property

We work closely with the firm’s Commercial Property Department, and recognise the need to provide clients with an effective and efficient service at a reasonable cost.

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    We are able to offer the following:

    • Drafting and service of Section 25 Notices ending a Business Tenancy, or Tenants’ Section 26 Requests for a new tenancy
    • Preparation and issue of Landlord’s or Tenant’s applications to the Court for a new tenancy
    • Management of litigation, including evidence gathering and representation at Court Hearings
    • Advice regarding the recovery of commercial rent arrears, including the instruction of Commercial Bailiffs or the issue of County Court proceedings
    • Recovery of possession of commercial premises, including the issue of Court proceedings or the instruction of Commercial Bailiffs to effect peaceable re-entry
    • Drafting and service of Landlord’s Section 146 Notices
    • Any other assistance relating to rent recovery, breaches of Tenancy Agreements and property disputes
    • Advice regarding dilapidations claims, including the issue or defence of Court proceedings

Residential Property

We recognise the need to provide clients with an effective and efficient service at a reasonable cost. We will be pleased to discuss costs relating to your particular requirements in advance of carrying out any work.

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    We can offer the following services to landlords:

    • Drafting and serving Section 8 and Section 21 Notices seeking possession
    • Preparation and issue of Court proceedings for possession and/or rent arrears
    • Management of litigation relating to applications for possession and rent arrears, including evidence gathering
    • Representation at Court Hearings
    • Arranging evictions and enforcement of Money Judgments
    • General advice on legal procedures and prospects of success
    • Any other assistance relating to rent recovery, breaches of Tenancy Agreements and property disputes
    • Advice and drafting of all forms of Tenancy Agreements

Business Review and Advice Service

Whilst understanding that they are often appointed because things aren’t going well, the Dispute Resolution Department is committed to proactively assisting the firm’s clients, recognising that prevention is often better than cure, or at least can lead to a speedier recovery.

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    As such, the Department has established the firm’s Free Business Review and Advice Service; this allows businesses to have a free legal health-check, giving the opportunity to reflect on what a business may need to strengthen itself, both from a legal perspective and with a view to future growth.

    If you would like more information about how your business could take advantage of this free service, please click here.

Cohabitee/Co-Ownership Disputes

If the relationship between co-owners of property breaks down, there may be a dispute as to who is entitled to what share of the equity. Even if the co-owners agree who is entitled to what, there may be a refusal to sell the property to allow the co-owners to realise their respective shares.

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    The Dispute Resolution Department can assist with both types of dispute, and will advise on the practical steps that can be taken at an early stage to help protect someone’s position, for example by severing a joint tenancy and updating Land Registry records with current addresses to ensure that documents relating to the property are received.

Contentious Probate and claims for Resonable Financial Provision

When someone close to you dies, as well as the emotional upheaval, there are often financial implications to cope with.

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    Even if the person who died did have a will, circumstances may have changed since it was made, meaning that the financial provision made for those left behind is no longer adequate. This may be because children have been born, or the value of the estate could have altered significantly, or a family member may have a disability.

    In such situations it may be possible to ask the Court to change the way that someone’s estate is distributed, to better reflect the needs of those that were married to, living with, or maintained by the person that has died. It is important to act quickly, however, as claims have to be made within 6 months of a Grant of Probate or Letters of Administration.

    Our Dispute Resolution Department deal with a wide range of contentious probate work, acting for executors, beneficiaries and family members and recognise the need for practical, sensitive and cost-effective advice at what, for most people, can be an emotional and distressing time.