Paul Tapsell's Property & Land Law Cases

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

Dealing with ‘crack house’ nuisance neighbours

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

Securing damages and costs for a Claimant Landlord

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

Order for sale of property

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

Prosecuting a landlord

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

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