Rachel was instructed to represent clients at a two-day boundary dispute trial, in a matter that had been ongoing for some years. She quickly got to grips with the technical nature of the dispute and was able to assist the clients in reaching a settlement that resulted in a mutual Boundary Agreement which minimised her … Continue reading
Paul acted for a local Council seeking a Closure Order of a ‘crack house’ under section 80 of the Anti-Social Behaviour, Crime and Policing Act 2014. The council had received numerous complaints about the anti-social activities of the tenant and her ‘guests’ causing considerable nuisance to the neighbours and the property had been the subject … Continue reading
Cara acted for an Applicant who had made an application for possession of a property based on rent arrears accrued. The Respondent had not engaged with the Applicant when they had contacted her about payment or made any offers or proposals for payment. Possession was ordered within 28 days with a money judgment for the … Continue reading
Cara acted for the Applicant in a case for possession under the mandatory ground for rent arrears. The tenant did not attend. She successfully obtained an outright possession order with a money judgment for the arrears and costs.
Cara acted for an Applicant in two cases for possession of land due to trespass. The two parcels of land were next to one another but under different ownership and titles. The Defendants had entered the land without permission and had secured the gate on the land with their own padlock meaning the Applicants could … Continue reading
Cara acted for the Applicant in a local authority possession hearing for a property that had been abandoned by the tenant. The Judge felt service was effective and ordered possession forthwith with a money judgment for the arrears, plus costs.
Cara acted for the applicant local authority in five possession cases (three concerning secure tenancies, one concerning a non-secure tenancy and one concerning trespass). Either outright possession orders or suspended possession orders were given for all, with money judgments for arrears, except for the non-secure tenancy in which an Equalities Act defence was raised, so … Continue reading
Cara acted for the Applicant, seeking possession under a Section 21 notice. A 14-day outright possession order was granted with costs also awarded.
Cara acted for the Applicant Local Authority, Respondent to an appeal against dismissal of a suspension of warrant application. The hearing was adjourned for three months to allow the Appellant to try and sort her rent arrears with assistance from a discretionary housing payment.
Cara acted for the Applicant in a possession application for rent arrears under mandatory ground 8. Possession was ordered within 14 days with a money judgment for the arrears and costs.
Cara acted for the Claimant, a private landlord, in a possession hearing for rent arrears. The tenant did not attend and had failed to keep to agreements to pay a reduction in the rent and vacate the property by a certain date. A Possession Order was granted with a money judgment for the arrears and … Continue reading
Rachel attended mediation on behalf of her clients in a long-running dispute related to a right of way and access to her clients’ property. There were a number of issues to deal with, including assertions of adverse possession, nuisance and trespass. The mediation was successful, and both the clients and the mediator contacted Rachel afterwards … Continue reading
Rachel’s elderly client had purchased a buy to let property as an investment and was reliant on the income received from it to supplement his pension. His tenants had stopped paying rent, had built up substantial arrears and caused damage. A possession claim was commenced but allegations of disrepair were raised by the tenants. However, … Continue reading
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
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
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
Rachel’s clients had been in the process of selling their family home when their purchaser withdrew from the sale after exchange of contracts. Notice to Complete was served but the purchaser failed to comply. Proceedings were issued against the purchaser, and judgment obtained for over £130,000 in damages and costs. No payment was received and … Continue reading
Rachel was instructed on behalf of a local Resident’s Committee for a private estate. The committee wished to challenge the decision of the local council to allow a road within the estate to be renamed, and wished to appeal under the relatively little used provisions of the Public Health Act 1925. Rachel advised her clients … Continue reading
Lavinia represented a Claimant who was the landlord of a property which was being managed by a letting agency. Although the tenant had rented the property for a number of years, the Claimant had only recently become landlord. Based on rent arrears, a section 8 notice was served on the tenant, to enable the Claimant … Continue reading
Lavinia represented the Local Authority in their claim for possession of a property. The property was originally let to Mr and Mrs X. Upon Mr X’s death, Mrs X succeeded to the tenancy. Mrs X subsequently died, leaving her son, the Defendant, in the property. The Defendant claimed that, due to disability and the amount … Continue reading
Rachel was instructed by a Local Authority in a matter concerning an application for a housing-related Anti-Social Behaviour Injunction. The Local Authority’s key witness was extremely nervous about giving evidence and anxious about the court process. Rachel went to lengths to reassure the witness, put them at ease and explain the court process. Despite still … Continue reading
Paul acted for the Claimant landlord in a claim for damages for disrepair and rent arrears at the termination of a commercial lease. The Defendants/Tenant had failed to engage in the pre-action process or the claim resulting in judgment in default and the matter being listed for assessment of damages. The Defendants failed to engage … Continue reading
Paul acted for the Defendant in a case where the parties had separated several years previously. They had agreed a consent order where the Defendant would give up his interest in the former matrimonial home and the Claimant would use her best endeavours to remove him from the mortgage and the deeds. However, she did … Continue reading
Paul acted for the local authority in a prosecution of a landlord who had failed to obtain a licence for a property within a selective licensing area (under Part 3 of the Housing Act 2004, section 95). The landlord claimed that she had a ‘reasonable excuse’ defence under section 95(4) in that she had managing … Continue reading
Lavinia represented the landlord in a hearing for an Interim Possession Order against persons unknown. Multiple people had trespassed onto land and a building belonging to the Claimant. At the hearing the District Judge queried whether service was effective under CPR 55.6. Lavinia argued that whilst the documents had not been placed on a main … Continue reading
Paul’s clients (the Claimants) were the only two lessees of flats under 125-year leases. The Defendants were the landlords, who had last been in contact with the lessees in 1998 and could not be located. The Claimants had had to deal with the repairs to and maintenance and insurance of the property for the last … Continue reading
Paul was instructed by the Defendant in a neighbourhood dispute where the Claimants claimed that the Defendant was running a car sales business in a residential area – storing, parking and selling cars and obstructing an alley to the rear of their property. The Claimants relied on extensive photographic and video evidence and a range … Continue reading
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
Paul represented Mrs X in a case which could have been avoided had his client taken the right steps to protect her property. When Mr and Mrs X divorced nearly 10 years previously, an ‘Ancillary Relief’ order was made that Mr X should transfer his share in the matrimonial home to Mrs X. Mr X … Continue reading
Lavinia represented the Local Authority in their claim for possession of a property. The property had originally been let to Mr and Mrs X. Upon Mr X’s death, Mrs X succeeded to the tenancy, but subsequently died, leaving her son (the Defendant) in the property. The Defendant now claimed that, due to disability and the … Continue reading
Paul acted for a Local Authority on their first claim for possession using the ‘new’ mandatory grounds under section 84A Housing Act 1985 relying on a tenant’s anti-social behaviour. The tenant had breached an injunction on several occasions over an extended period, and was subsequently arrested for attacking a neighbour with a hammer. The Court … Continue reading
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
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
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
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
Paul represented the Applicant (Mr A), in a claim that a leasehold interest in a property should be extinguished, so that the flat, registered as owned by a Limited Company, should revert to the Freeholder (Mr A). The flat in question had been purchased at auction by Mr X, on behalf of Company Y Ltd. … Continue reading
Paul was instructed by Mr and Mrs A, the owners of an equestrian centre, in connection with a dispute over a right of way over adjoining land. The site had been purchased from the owner of the adjoining land (Mr X) who subsequently sold off the remainder of his land in sections. As a result, … Continue reading
Paul was instructed by the owner of a plot of land being sued for a £5,000 ‘New Build Fee’ which, the Estate Owners claimed, had to be paid if he wished to access the plot with heavy machinery. Paul successfully argued that that there was no basis in law for the claim because the Transfer … Continue reading
Paul was instructed in a case involving an ‘overage agreement’ requiring payment by the purchaser of a property in the event of any subsequent development of the site within 20 years. The property was extended and was the subject of a successful application, (outside the twenty year period) for the grant of a Certificate of … Continue reading
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
Holly’s client owned a property in which he had allowed his daughter and grandchildren to live, rent-free, for 20 years. The daughter’s partner, the Claimant, had lived there alongside the family and had undertaken extensive works, including the building of extensions, which had increased the value of the property. Holly’s client, the Defendant, had not … Continue reading
Holly was instructed by a Local Authority which sought to curb the anti-social behaviour of two of its tenants. She advised from the pre-action stage, drafted pleadings and attended hearings including a 3-day final hearing. The matter involved tenants, who represented themselves and served a large volume of evidence in support of their case. They … Continue reading
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
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
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
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
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
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
Rachel acted for a Landlord provider of social housing which had issued possession proceedings against a vulnerable tenant on various grounds including damage to the property. The Landlord had been informed that the tenant had moved away and was not expected to attend court. Unexpectedly, the tenant did attend and was in an agitated, distressed … Continue reading
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
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
Dean acted for the landlord in an application for re-entry into commercial premises; his client having previously re-entered the property and changed the locks. The matter was complicated by the fact that there had been a lease agreed by the parties in 2004 and a subsequent purported lease, the terms of which had been recorded … Continue reading
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
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
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
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
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
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
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
Paul acted for the Local Authority in connection with a possession claim where a tenant was believed to have vacated the property which involved a counterclaim for unlawful eviction, trespass to goods (the counterclaim being valued in the region of £300,000) and animal cruelty (the local authority’s alleged failure to care for the tenant’s goldfish). … Continue reading
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
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
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
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
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.
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
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.
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
In a lengthy, highly litigious case, John persuaded a judge against the balance of evidence that the living arrangements did not amount to a tenancy. John’s defendant client had, at the request of a mutual friend, allowed the claimant to stay in his property. The claimant had paid monies to the defendant, which were argued … Continue reading
On behalf of a local authority, John successfully removed a troublesome tenant who was refusing to allow entry for repair or inspection purposes.
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.
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
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
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
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
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