Dean Thistle's Property & Land Law Cases

Claim by mortgagee

Dean represented a private individual mortgagee who had loaned £80,000 to a family friend, the loan having been secured by way of a charge against the mortgagor’s commercial property. The mortgagor had defaulted on the payments due under the charge and failed to redeem it on expiry of the term. The mortgagor had also been Continue reading

Achieving vacant possession for a grandparent

Dean was instructed by the sole legal owner of a property to secure vacant possession; which required evicting his client’s grandson. The defendant – the grandson – sought to establish an interest in the property, arguing that the client held the property on trust for him such that he would ‘inherit’ it in full when Continue reading

Securing payment and costs for a private individual mortgagee

Dean was instructed by a private individual mortgagee, his client having loaned approximately £500,000, secured against the borrower’s commercial property. The borrower’s business had since dissolved and he had gone through a divorce, the result of which being that the court had ordered that the property subject to the charge was to be transferred to 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

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

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