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

Acting on behalf of a tenant arguing an s21 notice

Lavinia represented a tenant in a case involving argument over the return of a deposit and whether an s21 notice had been correctly served. Her client’s argument was that their landlord had failed to give them the prescribed information relating to their deposit. Therefore the landlord could not serve an s21 notice unless they paid Continue reading

Gaining a possession order for a landlord

Lavinia successfully represented a landlord in regaining possession of their property, which was a HMO. The tenant was represented, and their argument was that a valid s21 notice could not be served, as the landlord had not provided them with the prescribed information. The tenant’s main argument stemmed from whether it was sufficient to post Continue reading

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

Property & Land Law Articles

The Landlord and Tenant Act 1954- is a tenant now deprived of their security of tenure?

The Landlord and Tenant Act 1954 regulates the way in which business tenancies can be terminated. Importantly, it gives business tenants security of tenure. However, that security has been called into question recently in the case of S Franses Ltd v The Cavendish Hotel (London) Limited [2017] EWHC 1670 (QB). In July 2017, judgment was handed Continue reading

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

What Price a Court Fee?

Prior to commencing proceedings there are a number of issues to consider such as the cause of action, any relevant limitation period, not to mention advising the client of the potential costs consequences. As such it is easy to overlook the more administrative matters such as ensuring that the correct court fee is paid. However Continue reading

Boundary Disputes – lines in the sand

Many boundary disputes arise from misunderstandings or a lack of communication between neighbours, but rapidly escalate into cripplingly expensive litigation. It’s essential that if you’re affected (whichever side of the fence you’re on) you get proper legal advice from a Solicitor or Barrister before getting sucked into what could become acrimonious, stressful and lengthy proceedings. This article Continue reading

Absolute ground for eviction: victory for landlords or damp squib?

The snappily-named Anti-Social Behaviour, Crime and Policing Act 2014 (‘ASBCPA’) introduced a number of provisions to strengthen the anti-social behaviour armoury. One such provision is the ‘absolute’ or ‘mandatory’ ground for repossession of a property where there has been a previous court finding of anti-social behaviour by a tenant or their household/visitors. It provides that Continue reading

A change in housing benefit back payments- what does this realistically mean?

A large majority of possession matters reach court because the defendant has failed to engage with the relevant Local Authority awarding housing benefits or they have failed to provide information when requested. The reasons behind such failures vary from mental health issues to a simple lack of insight. However, such failures often result in housing Continue reading

Property & Land Law Testimonials

 “Could you pass on my grateful thanks to Paul Tapsell.  He certainly helped me a great deal and I am extremely grateful to you for that.”

 

Ms H Instructing Paul Tapsell through Solicitors – December 17

“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