Property & Land Law

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Our Property and Land Law work covers easements, boundary disputes, other real property rights and representing landlords and tenants in a wide range of residential and commercial disputes (covering public and private sectors).

Our Barristers have extensive experience of the range of Courts and Tribunals which deal with such matters, providing advice and representation at every stage.

They are sought after for their experience in advising upon and drafting pleadings, as well as their skills in representing clients at trial.

Several of our Barristers also have significant experience of representing vulnerable tenants, particularly where psychological and psychiatric conditions necessitate expert involvement.

Our experience:

  • Acting for landlords or tenants in possession actions
  • Applications before the Lands Tribunal
  • Claims under the Protection from Eviction Act 1977
  • Disputes between lenders and borrowers
  • Disrepair claims, on behalf of tenants and landlords
  • Injunctions restraining nuisance and trespass
  • Obtaining of injunctions e.g. relating to serious anti-social behaviour
  • Possession actions, lease renewal negotiations and service charge challenges
  • Representing borrowers in applications for sale of property by mortgage companies

Case Studies

Claim for possession of holiday premises

Rachel was asked to advise the client company on the basis upon which a guest occupied its holiday accommodation in Kent. The occupant had refused to leave when requested to do so, insisted that they held an assured shorthold tenancy and had also contacted national media outlets which ran stories about the case. Rachel gave Continue reading

A successful resolution to a property possession claim

Lavinia represented the landlord (the Claimant) in a defended possession claim. The landlord was seeking possession through the accelerated possession procedure. The tenant claimed that the prescribed information-under The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015- had not been provided, and that therefore no valid s21 could be served. The issue was Continue reading

Property & Land Law Articles

A Licence for Alms

The Court of Appeal has recently given its decision in the case of Watts v Stewart [2016] EWCA Civ 1247, and in so doing has provided a useful reminder of the distinction to be drawn between a lease and a licence.  The case is also a restatement of the Street v Mountford principle that the Continue reading

Issuing warrants for possession- the implications of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034

On Thursday 27th October 2016, Becket Chambers hosted a seminar spanning a wide range of civil topics covering recent case law and updates. The aim of the seminar was to bring together Local authority lawyers, civil practitioners and other professionals. One of the cases discussed at length during the course of the seminar was the Continue reading

When is Consent Unreasonably Withheld?

A common sight in most, if not all, long leases of residential property is the phrase ‘such consent not to be unreasonably withheld,’ but what does that provision actually mean? The High Court recently considered the point in relation to assigning or underletting a lease of residential premises. Case Law The case of No.1 West Continue reading

Property & Land Law Testimonials

“I have spoken with the clients and they thought you were “brilliant” and were very pleased with you and the possession order.”

Miss S from Solicitors Instructing Lavinia Glover – February 17

“We could not of asked for a better advocate.

Gayle went through all aspects of the case and procedure she would be following and  Gayle put us at ease straight away with her confidence and experience and professionalism.”

Mr and Mrs C instructing Gayle Ashley through Solicitors – January 17

“…Thank you so much again for your excellent work in this matter especially on the very short notice of the hearing of the injunction application!…”

Mr S from a firm of Solicitors instructing Paul Tapsell – August 16

“…The clients were very impressed by Dean and appreciative of his work…”

Miss S from a firm of Solicitors instructing Dean Thistle – June 16

“Many thanks for your note of the trial – what a great result!”

Ms S from a firm of Solicitors instructing Sophie Gray – December 15

“Thanks very much for that and thank you for your very capable and diligent work on the Friday – you secured a very good deal for J, all the more impressive for your having had so little time with the monstrous bundle!”

 

Mr S from a firm of solicitors instructing Dean Thistle – October 15

“….Thank you for the report. This was an unusual case so you did well for it all to go so smoothly….”

Mr T from a firm of solicitors instructing Ed Kenny – June 15

“….Thank you for your excellent help with this unusual case which is crying out for a settlement. I will certainly be contacting you for help if they decide to fight on….”

Mr T from a firm of solicitors instructing Dean Thistle – June 15

“….May I add, you certainly made a difference in the outcome of the case with your dealings with the other side prior to going before the Judge, and I am most grateful for your help….”

Mrs H instructing Paul Tapsell through the DPA scheme – June 15

“….Just to let you know i am delighted that i have found John….we had a fantastic result yesterday, all down to him….please thank him very much….”

Mrs H from a firm of solicitors instructing John Nee – April 15

“….Good understanding of my requirements….the clerks were friendly and laid back….cost effective….i would always come direct….”

Mrs C instructing John Nee through the DPA scheme – September 14

“….exemplary knowledge….i cannot praise his knowledge and support enough….i would not have succeeded without him….Mr Kenny is a pure pedigree amongst barristers and i cannot praise him enough….highly recommended….”

Mrs P instructing Edward Kenny through the DPA scheme – June 14

“….a prompt, courteous service from the Clerks and Miss McIntosh throughout. The Clerks were well mannered, presentable and knowledgeable as was Miss McIntosh….the location of Becket Chambers’ office was very convenient with good modern office facilities….”

Mrs S instructing Melanie McIntosh through the DPA scheme – February 2014

“….The service from both our Barrister and the Clerks was not only excellent but pleasant also….”

Mr C & Mrs K instructing Paul Tapsell through the DPA scheme – Nov 11 to Jan 14