Property

Before being called to the Bar, Scott previously worked in the insured property team of a large multinational law firm with conduct of a busy caseload of property matters and has particular experience in residential landlord and tenant disputes as well as commercial leases under the Landlord and Tenant Act 1954.

Scott regularly acts on behalf of landlords in both possession proceedings under the Housing Act 1988 and commercial tenancies. He has represented clients in respect of boundary and nuisance claims both at interlocutory hearings and at trial and also has experience of appearing for housebuilders in respect of defect claims brought by purchasers of new build properties.

Notable recent instructions include:

• drafting pleadings and appearing on behalf of a social landlord Defendant to a disrepair claim involving allegations of defective asbestos removal;
• appearing on behalf of a Claimant housing trust in a successful claim for historic rent arrears arising out of an assured tenancy under the 1977 Rent Act dating back several decades, where it was contested by the tenant that a fair rent had ever been validly set;
• successfully obtaining permission to enforce a heavily disputed warrant of possession on behalf of a trustee in bankruptcy involving issues of medical capacity to conduct litigation;
• acting for a registered provider of social housing in a possession claim engaging considerations under the Equality Act 2010; and
• mortgage possession proceedings brought against a company in compulsory liquidation.

In addition to court appearances, Scott is also regularly instructed to draft pleadings and to provide advice, both written and in conference. Examples of Scott’s advisory work include:

• advising a local authority as to the enforceability of (i) a historic agreement for rent arrears and (ii) the recoverability of missed payments accrued during the COVID-19 moratorium on forfeiture;
• advising as to a grant of easement and the terms of a resultant right of way in the context of a rural property;
• assessment of prospects in respect of a nuisance and trespass claim involving neighbouring tenants of a social housing provider.