Property & Land Law Cases

Arguing effective service against trespassers

Lavinia acted for a claimant Council who were claiming possession of an area of land that had been occupied by trespassers. The trespassers claimed they had an implied licence in that an unknown person had given them an implied or expressed licence to be there. The Defendant also argued that service had not been effective Continue reading

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

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

Keeping a complex and sensitive possession hearing on track

Sophie was instructed by a Local Authority in respect of obtaining possession of a property following complaints of anti-social behaviour. There had been a history of complaints by a number of neighbours, spanning several years, so the case required Sophie’s ability to condense vast amounts of information and ensure the relevant points were brought to Continue reading

Successfully Defending Possession Proceedings

Rachel represented a Legally Aided client who had been served by his landlord with a section 21 Notice for possession of the property he had lived in for some years. Rachel’s thorough examination of the papers revealed that the section 21 Notice had been incorrectly worded, however this had not been pleaded as a defence Continue reading

Landlord seeking repossession

Holly appeared in the Croydon county court on behalf of a landlord who was seeking repossession of her property. The property had been let on an Assured Shorthold Tenancy and the landlord relied upon rent arrears in seeking to evict the tenant. The tenant had made a counterclaim relying upon disrepair to the property, harassment Continue reading

Resolving disputed joint ownership of land

Dean represented a client engaged in a dispute with a sibling over a plot of land in their joint names. The legal title to the land was held in their joint names. However, Dean’s client maintained that the parties had agreed when purchasing the property that he would own 90% of it. The other sibling Continue reading

Antisocial Behaviour Injunction

Dean acted for a housing association in relation to an application for an injunction requiring the removal of a tenant’s dogs owing to the noise they were making. At the initial hearing an order was made by agreement that the dogs would be removed within 28 days, thus avoiding the need and cost of a Continue reading

Order for Transfer of Joint Tenancy

Dean acted for the wife in an application for an application made by a husband to transfer a joint tenancy of a housing association property into his sole name. Dean’s client had lived in the property since the parties separated, however the husband sought to transfer the tenancy into his sole name, thus removing her Continue reading

Securing freeholder possession of a leasehold property

Dean was instructed by a freeholder to obtain possession of an unencumbered leasehold property. The leaseholder had failed to pay the service charges for a period of three years. The matter was complicated by the significant amount of equity in the property in comparison to the amount owed to the freeholder in service charges. Nevertheless Continue reading

Intervener within Financial Remedy proceedings

Dean was instructed by an intervener in financial remedy proceedings to recover a £30,000 loan made to a friend. The client had loaned the money to enable his friend and friend’s partner to purchase a property. They had agreed verbally that the client would have an interest of £30,000 in the property, however this had Continue reading

Application for determination of service charge

Dean was instructed by the freeholders of a property to obtain a determination of the service charge payable by one of the leaseholders within the building, to enable his clients to begin proceedings for the forfeiture of the lease. The leaseholder had failed to pay the service charge for four years, and the freeholders’ previous Continue reading

Dispute over Sale of Family Home

Holly was instructed through the Direct Access scheme to represent a client who sought to sell the property that he owned with his former partner. The couple had separated a year previously and had a child together, who they both cared for. Holly first had a telephone conference with the client to explain how the Continue reading

Obtaining possession of a property

Lavinia was successful in the possession of a local authority property. The tenant had an introductory tenancy and had fallen in rent arrears. The tenant attended the hearing and asked the Judge to exercise discretion in possession by adjourning with leave to restore. They had reduced arrears by making a payment. Lavinia made successful submissions Continue reading

Defective Deed of Variation

Dean was instructed the day before a final hearing by a freeholder in a slightly misconceived claim for forfeiture. The freeholder relied on an alleged breach of the covenant to make building insurance payments.  The lease originally stated that the leaseholder would be responsible for obtaining the building insurance on the property, however as a Continue reading

Failure to repair leasehold property

Dean represented a freeholder in an application for numerous breaches of the repairing covenant under a lease in the First-tier Tribunal (Property Chamber). Dean attended a site visit and subsequently the hearing, where evidence was heard from the leaseholder and tenant of the flat, both denying that any such breaches had occurred. The leaseholder also Continue reading

Resolving a long-running neighbour dispute

Dean acted for clients locked into a long-running dispute with their neighbours. This was the second set of proceedings between the parties, in which Dean’s clients sought (i) access to their neighbours’ land to enable repairs to be carried out to the clients’ conservatory, (ii) damages to cover the cost of repairing the conservatory, and Continue reading

Acting for a tenant in an informal lease arrangement

Paul acted on a Direct Public Access basis for the tenant in a case involving a lease renewal for a riding stables and livery yard and accommodation. The original lease amounted to an informal family cash arrangement which had been varied with additional land and buildings incorporated into the agreement over a period of over Continue reading

Possession claim involving a nuisance behaviour

Paul acted for the local authority in a possession claim arising from nuisance behaviour by a tenant. The tenant raised a defence involving Human Rights issues and referring to their considerable vulnerabilities (including mental health and pregnancy) and alleged that the local authority were, or should have been, aware of the tenant’s condition from the Continue reading

Reclaiming investment in property improvements

Paul acted for an individual who wished to reclaim his contribution towards the costs of improvements to a property owned by his former partner (girlfriend); the client had invested a considerable sum towards the works to the property and lent his partner cash sums on the basis that he would be repaid from the proceeds Continue reading

Residential boundary dispute

Paul was instructed on a Direct Public Access basis by lay clients (assisted by their surveyor) in connection with a dispute as to the precise location of the rear boundary between two residential properties. There was a history of encroachment and threatening behaviour by the neighbouring property owner, including the removal of an established hedge Continue reading

Boundary dispute on agricultural land

Paul was instructed on a Direct Public Access basis by the owners of a field adjoining a house in a hearing to determine damages, following a preliminary finding that the clients had trespassed on a neighbouring development site. The neighbour claimed a sum in excess of £0.5 m for the loss of development value of Continue reading

Boundary dispute over listed building frontage

Paul acted for the Respondent in a dispute involving the determination of the boundary between two properties in a listed terrace of Georgian houses. This case, an illustration of how emotive and frustrating boundary issues can become, arose over the colour of approximately 6 feet of building frontage. Paul was initially instructed in the County Continue reading

Tenants’ claim for damages against landlord

Dean represented tenants of a luxury residential property in a claim against the landlord for damages arising from the poor condition of the property including damp and other issues. The value of the claim exceeded £25,000 and the clients were granted judgment in their favour.

Establishing a share in property held on trust

Dean represented a woman seeking to obtain an interest in property she had purchased with her partner, which had been placed into her husband’s sole name as a result of her poor credit rating. The client had contributed financially to the property both in respect of the initial deposit and on-going mortgage payments. The client Continue reading

Successful negotiation avoiding protracted proceedings

Melanie advised the Claimant and assisted with successful negotiation of a complex property option agreement involving registered and unregistered title and potential issues under the Limitation Act. The successful settlement of this case particularly highlights the value of Melanie’s negotiation skills in avoiding the delays and potential costs associated with protracted proceedings.

Lifting an obsolete restrictive covenant

In this long-running case, Melanie acted for the Appellant in a contested hearing involving the application for the lifting of a restrictive covenant, preventing her client from converting part of their property. Objections to the development had been raised by other residents. Melanie successfully persuaded the Tribunal that the covenant was obsolete, the Appellant’s application Continue reading

Injunctions against nuisance neighbours

On behalf of the claimant, John acted in a case where nuisance neighbours were harassing and causing distress to his client. The case involved assisting the instructing solicitor with site visits, preparing plans and photographs for the court, and advising on witness evidence. John was successful in obtaining various injunctions against the nuisance neighbours.

Recovering a Right of Way

Holly provided advice to a landlord as to how best to recover the use of a right of way which ran behind a number of properties which it owned and let out, or had sold. The defendant tenants had been using the land (an access footpath) behind their property, preventing access to the rear of Continue reading

Possession order on local authority property

Holly was successful in securing a possession order on behalf of a local authority against a tenant who was found to have used weapons to attack the communal residence. As the tenant was schizophrenic, the case involved consideration of significant medical evidence regarding the tenant’s mental health and raised issues under the Equality Act 2010 Continue reading

Acting on behalf of vulnerable tenants

Holly acted on behalf of Ms C, a vulnerable introductory tenant, resisting an application for possession being sought on the grounds of anti-social behaviour. Holly’s gentle approach enabled her to support through her client through the various steps of the case. Her client, who was pregnant, suffered from a number of mental health issues, and Continue reading

Recovering possession of local authority property

Holly was successful in recovering possession of a property on behalf of a local authority in an anti-social behaviour housing matter. She was instructed from the pre-issue drafting stage through to final hearing and related injunctive and committal proceedings. Although Holly was part of a sizeable team on the local authority side of the case, Continue reading

Defending a claim for adverse possession

Holly successfully defended a claim for adverse possession in respect of a field in Kent, appearing at: injunction proceedings in the county court a two-day trial in the Lands Tribunal. The elderly owner of the field wished to sell the land. The claimant contended that he had used the land for 20 years, however Holly’s Continue reading