Commercial Landlord and Tenant

• Representing the applicant vendor in the High Court in a Post Office building and business transfer in a strike out application (or in the alternative summary judgment) on the grounds that the claim was an abuse of process and/or pursuant to the rule in Henderson v Henderson;
• Drafting pleadings and representing the landlord in an ongoing business tenancy renewal dispute concerning when a counter-notice was served and whether the business was in occupation when the s.26 was served;
• Advising a tenant about a potential tenancy renewal;
• Representing a lender seeking to enforce a charge against a commercial premises owned by the Guarantor in a 5-day trial. The lender was successful. The matter has been appealed. The appeal was dismissed in December 2021 in the High Court and concerned the interplay between the Statute of Frauds Act 1677 and a potentially defective deed that is underpinned by a valid loan agreement;
• Drafting pleadings and representing a freehold owner of a mixed-use premises concerning the Party Wall Act 1996, noise nuisance and alleged trespass in respect of a flu;
• Drafting pleadings and representing a business located in Oldham in a matter concerning subsidence alleged to be caused by the adjoining property’s construction work/s;
• Representing an outgoing tenant concerning whether he left the premises vacant and/or whether he can take the mezzanine floor with him;
• Advising on the drafting of an Option Agreement;
• Advising about a tenancy at will in a marketplace;
• Advising, drafting pleadings and representing tenants and landlords in a myriad of business tenancy renewal disputes;
• Advising whether a pre school has any protection under the LTA 1954;
• Advising, drafting and representing a landlord in a commercial tenancy renewal dispute in which the landlord Defendant alleges and relies on the ground (f) and relevant case law such as Cunliffe v Goodman [1950] 2 KB 237 and S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62;
• Advising and representing a landlord in a dilapidations dispute;
• Advising, drafting and representing tenants in a number of relief from forfeiture matters;
• Securing permission to appeal in an ongoing insurance dispute concerning adverse possession;
• Drafting pleadings and representing a Local Authority in a Farm Tenancy dispute;
• Drafting pleadings and representing a catering company in an alleged breach of lease covenants;
• Representing a Defendant in a business tenancy renewal concerning grounds (a), (b), (c) and (g) of s.30(1) of the LTA 1954.

Residential Landlord and Tenant

• Multiple possession claims including two cases of alleged housing fraud;
• Representing a debtor in a possession claim brought by a bridging loan company;
• Drafting pleadings and representing a tenant in a challenge to an Emergency Prohibition Order;
• Drafting pleadings and representing a number of leaseholders in a service charge and/or Estate charge challenge;
• Drafting pleadings and representing a number of leaseholders in an ongoing matter in which they seek an extension of their lease at the correct premium that is now challenged;
• Drafting pleadings in a disrepair claim on behalf of the Defendant that has included an additional claim for breach of contract/duty of care on the part of the agent appointed by the Defendant;
• Drafting pleadings and representing a vendor of residential property in respect of a Torts Act 1977 claim;
• Drafting pleadings and representing a new homeowner in an arbitration concerning the DPA 1972 and application of the NHBC warranty;
• Drafting advice in relation to alleged defects in a new build located in Ebbsfleet;
• Drafting pleadings and representing tenants and landlords (including several local authorities) in a myriad of disrepair cases;
• Drafting pleadings and representing a Local Authority in a Mobile Home dispute;
• Drafting pleadings and advising a Claimant about whether there has been a breach of trust by the Defendant joint co-owner of residential property such as but not limited to failing to collect service charges and/or carrying out work to the property without the Claimant’s consent;
• Drafting advice in respect of alleged defective, non-building regulation compliant renovation works carried out at an Estate property. The works are also alleged to not comply with relevant planning permission/regulations;
• Advising a Landlord about whether an arrangement is a tenancy or licence.

Real Property

• Representing a bed and breakfast in an adverse possession application in respect of a cellar they legally own;
• Drafting pleadings and representing an Applicant that is currently seeking adverse possession of land next to a reservoir;
• Drafting pleadings and representing residents in a case concerning what constitutes a highway;
• Drafting pleadings and representing a private individual in a boundary dispute concerning parking;
• Drafting pleadings and representing a private individual in a boundary dispute concerning the construction of an extension overhanging/encroaching on his land;
• Drafting pleadings and representing a private individual about who owns an unregistered alleyway and whether there is a right of way obtained by prescription in respect of the same;
• Drafting pleadings and representing a private individual about who owns an alleyway against the backdrop of prior insolvent owners of the land;
• Drafting pleadings and representing a commercial tenant in a right of way dispute concerning parking;
• Drafting pleadings and representing a private individual in a nuisance and right of way matter spanning 10 years;
• Drafting pleadings and representing a group of individuals in a nuisance and access to neighbouring land matter;
• Drafting advice in the matter of nuisance caused by breach of planning;
• Drafting advice for a Local Authority about any alleged breach of human rights arising from the grant of planning permission for new houses to be built;
• Representing Respondents in Rule 13 Costs applications;
• Advising on the interplay between easements and section 77 Schools Standards and Framework Act 1998 in relation to playing fields;
• Drafting pleadings and representing a local authority in a matter concerning the Electronic Communications Code;
• Advising about the High Hedges Regulations 2005 and right to light concerning a Grade I listed building;
• Advising, drafting and representing a local authority about tree preservation orders;
• Advising about Japanese Knotweed and representing a seller alleged to have misrepresented on the seller information form about the existence (or not) of Japanese Knotweed;
• Drafting pleadings and representing adverse possessors in a myriad of various adverse possession cases including in respect of land used for grazing, training dogs, equestrian school use, parking, agricultural machinery storage, parking mobile homes;
• Advising a residential occupier about a potential claim in respect of a leak from a neighbouring property;
• Advising and representing a freehold owner of a block of flats in an application for an order pursuant to s.168 of the Commonhold and Leasehold Reform Act 2002. This concerned holiday lets.

Private Client (Trusts and Probate)

• Drafting and representing a Defendant in a 2-day trial determining beneficial ownership of property in circumstances where a property was built on a plot of land apparently sold to the Defendant’s ex-partner;
• Drafting and representing an Applicant in an ongoing matter seeking to set aside a TR1 alleged to have been signed when the person transferring the same is alleged to have lacked capacity and/or was under duress/undue influence;
• Drafting and representing multiple Claimants seeking the sale of a property pursuant to s.14 of TOLATA after relationship breakdown, especially those who were married under Islamic Law;
• Representing a Defendant in an ongoing matter seeking to set aside a TR1 on the grounds that the brother lacked capacity at the relevant time. Procedural issues such as lack of service out of the jurisdiction have been raised as well as limitation;
• Representing a Claimant in s.14 TOLATA proceedings where the Defendant alleges the deed was signed under duress/undue influence. Issues concerning conflict of interest have been raised because the solicitors representing the Defendant also drafted and advised the Defendant at the relevant time when the deed was signed;
• Advising a potential beneficiary about whether a Will is valid or not. Duress and undue influence was raised;
• Drafting and representing a Claimant seeking a declaration of her alleged beneficial interest in a property;
• Representing an executrix concerning the burial of her mother in a foreign jurisdiction. This concerned a s.116 Senior Courts Act 1981 claim and application to remove the executrix as administrator;
• Drafting and representing a Claimant in a multi-track trial determining beneficial ownership of a family home in which there was a disputed declaration of trust;
• Representing the Administratrix in a High Court international probate matter. This started as a possession matter concerning Estate property. The occupier (also a beneficiary) disputed the validity of the Letters of Administration on the grounds that there is a Will in Nigeria allegedly dealing with the residuary Estate in which the Administratrix is not appointed as a trustee. The Colonial Probates Act 1892 was relevant.
• Advising a beneficiary on the merits of an application to remove a personal representative;
• Drafting and representing an Applicant seeking the removal of a trustee.