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

Why ignoring papers from Court can prove costly

Late in the day, Paul was instructed to represent a Defendant freeholder who was served with claims by two leaseholders (acting in person) for disrepair and the costs of redecorating and replacing carpets as a result of a leaking roof and other alleged defects. The Defendant represented himself at an initial hearing where directions were Continue reading

Opportunity to repay debt before Order of Sale granted

Nicole represented the Defendant in a case where, prior to her involvement, the Claimant had secured a final charging order in relation to her client’s property. The Claimant was now seeking to enforce the final charging order by applying for an order for sale of my client’s property. She first successfully applied for an adjournment Continue reading

Resolving a family claim at mediation

Dean represented a husband and wife in a dispute against the wife’s father and step-mother regarding their respective interests in a property. The parties had initially decided to ‘pool’ their respective resources in order to purchase a property which required considerable improvement, on the basis that the husband and wife would carry out the works Continue reading

Representing a leaseholder in dispute over encroachment

Dean represented a leaseholder in a dispute with his freeholder in respect of encroachment of the demised premises. The building in question had a somewhat complex layout which had resulted in the client occupying areas that were not, it was argued, within the demise of his property. The freeholder brought a claim for possession of Continue reading

Property & Land Law Articles

“A house divided …”

I was instructed by a local council who had introduced a selective licensing scheme under Part 3 of the Housing Act 2004 (“the Act”); a property comprising 22 individual flats fell within the designated selective licensing area (and indeed had previously been granted a non-transferrable licence) and was acquired by a limited company with an Continue reading

Penalties for not protecting a deposit

Background If a landlord does not protect a residential tenant’s deposit, there are repercussions. The Housing Act 2004 (“HA 2004”) imposes sanctions for non-compliance with the initial requirements to protect a deposit such that the court must order the landlord to pay a penalty award to the tenant (HA 2004, s214 (4)).  The level of Continue reading

Proprietary Estoppel

Introduction Estoppel is a murky legal topic, encompassing a number of concepts that are easily confused.  This short note aims to momentarily clear the fog and allow a glimpse into some of those concepts. The doctrine of estoppel goes back to at least the 1600s.  There are many forms including Proprietary, Promissory, Contractual, Estoppel by Continue reading

Garages for Sale – £1 (plus costs)

I dealt recently with a claim for adverse possession which arose from a fairly unusual set of circumstances. My client had purchased two lock-up garages at auction in 1985 for the sum of £2,100; the garages were part of a residential estate which had been constructed by a large-scale Developer on previously agricultural land. For Continue reading

A Sorry State of Housing Affairs: Housing Disrepair Claims Part 1

Summary In the first of two articles, I will provide a quick guide to housing disrepair claims where remedies of damages and/or specific performance are sought. Compensation or injury? It should be noted that claims primarily seeking compensation or specific performance against a landlord regarding disrepair to the structure, exterior, or specific installations of a Continue reading

Lease or Licence?

I have recently been asked by a commercial tenant, and not for the first time, do I have a lease or a licence? One might imagine that the document in which the details are set out would be very explicit. It is not always that simple. Just because the office, workshop, car park or sheep Continue reading

Intentionally Homeless Decisions – Where the starting point should be on affordability

This article will look at the recent judgment given in Samuels v Birmingham City Council [2019] UKSC 28 (“Samuels”) and the legislation regarding homelessness and intentionally homeless decisions. The Appellant, in the case of Samuels, was an assured shorthold tenant of a property where she lived with her 4 children. Due to rent arrears, in Continue reading

Adverse Possession

Assertions of adverse possession (or “squatter’s rights”), where an individual is entitled to claim ownership of land by virtue of the fact that they have used the land as their own for an extended period, are frequently the cause of prolonged and expensive litigation. The Land Registration Act 2002 was intended, in part, to prevent 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

Property & Land Law Testimonials

Counsel was excellent on this case, had a very good grasp of the issues. I wouldn’t hesitate to instruct Lavinia again.
Solicitors Instructing Lavinia Glover – April 2021

Thank you Nicole.  Great work – the client is very, very happy. 

Mrs E from Solicitors Instructing Nicole Jennings – June 2021

“I have only praise for Mr Worwood. He received the brief late and did an exemplary job. He was also diligent, good with the clients and accommodating of a request for a pre-hearing con with the clients technically outside his brief. His attendance note was very thorough…”

Mr S from Solicitors Instructing Allen Worwood – November 20

“…The outcome of the hearing is excellent. I know Mr W is very pleased…”

Mr B from solicitors instructing Sophie Gray – July 18

“Good result. Thanks for all your help on this. From ‘car crash’ to success.”

Mr M from Solicitors Instructing Paul Tapsell – January 18

 “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

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

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

“….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