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Contentious Property

“This is a specialised field demanding exhaustive knowledge of both statutes and case law ”

Introduction

The Contentious Property team deals with disputes (their avoidance and resolution) involving commercial and residential property, a specialist area which demands both relevant experience and an exhaustive knowledge of the relevant statutes and case law.

Although the work of the team often concerns disputes that result in property litigation, much time is spent in assisting clients to avoid disputes in the first place. Where disputes have come about, the team works very hard to resolve them as soon as possible.

It’s efforts for clients in this respect are well regarded, leading to the team being recommended in the Chambers 2007 legal directory as a leading group of real estate litigation lawyers.

We act for landlords and tenants of both commercial and residential property, including property companies and institutions and tenants' organisations. Our caseload is varied and includes disputes relating to land transactions, collection of rents, obligations under leases and issues concerning large residential leasehold blocks.

Examples of the types of dispute or potential dispute the team advises on are:

Significant cases include Boots the Chemist Ltd v Pinkland Ltd (a business tenancy renewal and whether a new lease should contain an upwards/downwards rent review provision and other matters); Blacker v Wimbledon & Putney Commons Conservators (an enfranchisement dispute concerning the precedence of the Leasehold Reform Act 1967 over an earlier Private Act of Parliament); and, Iqbal and others v Thakrar (a dispute as to whether or not a landlord had unreasonably withheld consent to alterations); BBS Fashion Merchandising Ltd v Urban Regeneration Agency (English Partnerships) (concerning the effect of correspondence and discussions covered by the principle of “subject to contract”); and Oakfern Properties Ltd v Ruddy (concerning the entitlement of residential undertenants (there being a headlease demising more than a single dwelling) to take the benefit of the service charge and related legislation as against the freeholder).

People

The team is led by Jason Hunter and is based in the firm's Bedford Row office.

Tel: 020 7405 6566

» E-mail our helpdesk

 

Click on a name below to bring up a biography:

Edward Cracknell

Marianne Avery

Paul Greatholder

Jason Hunter

Rakhee Kotecha

 

Articles

Evicting a disabled person - LB Lewisham v Malcolm (posted July 2008)
The House of Lords gives important guidance on the application of disability discrimination legislation to landlord and tenant law.
Full Article

 

Frequently Asked Questions about Assured Shorthold Tenancies
(posted March 2008)

Rakhee Kotecha considers questions frequently asked by private landlords about assured shorthold tenancies.

» Full Article

When does a tenant become a tolerated trespasser?
(posted February 2008)

Tolerated trespassers used to be narrowly defined as public sector residential tenants who remained in occupation following an order for possession. A recent decision has expanded the definition to include private sector tenants as well. James Sandiford describes how the status of a tenant can become confused and summarises some proposals under consideration that might resolve the problem.

» Full Article

Damage Limitation
(posted December 2007)

This is a recent article that appeared in the Estates Gazette 15/12/2007, written by Ian Dias and Jason Hunter. Schedules of condition provide an evidential record of the state of a property with the aim of preventing future disputes. Ian Dias and Jason Hunter consider their efficacy.

» Full Article

 

Possession Claims and Disability – What does the Future Hold?
(posted October 07)

In recent years, the Courts have increasingly had to consider the impact of the Disability Discrimination Act 1995 (‘the 1995 Act’) on landlord and tenant law. That consideration has led to a number of interesting decisions, in particular involving residential possession proceedings.

» Download Full article

Rights Of Light - The Price When Things Go Wrong
(posted July 07)

With there being much discussion of RoLs at present, Jason Hunter writes about why they are deemed so important (ie valuable), and what one might do when confronted with one.

» Download Full article

Briefing Note - New rules relating to the demand of Service and Administration Charges
(posted July 07)

From 1 October 2007, a summary of a residential tenant’s rights and obligations must accompany any demand for the payment of a service charge or administration charge.

» Download Full article

 

Tenancy Deposit Protection Schemes
(posted May 07)

Tessa Blunden writes an introduction to Tenancy Deposit Protection Schemes.

» Download Full article

Lease or licence – and why it matters
(posted May 07)

The difference between a lease and a licence is of critical importance to occupiers of property. Paul Greatholder looks at a recent case which illustrates the point.

» Download Full article


Four months on…. What difference has been made by the updated Pre-action Protocol on Dilapidations?
(posted January 07)

» Download Full article

To access further property articles and guides click here to view the archive.

(The guides are viewed using Acrobat, if you do not have Acrobat, download it here free of charge.)

Useful Links

The Law Society

Property Litigation Association

Royal Institute of Chartered Surveyors

Alternative Dispute Resolution Group