Residential and Commercial Property Litigation

Michael is regularly instructed across the entire spectrum of landlord and tenant work.  The following is a list of some of the most common issues.

Residential

• Possession
• Prescribed Requirements (Gas safety / EPC / How to Rent)
• Deposits and Prescribed Information
• Disrepair
• Nuisance
• Forfeiture
• Service charges and administration charges
• Ground rent recovery and demands
• Surrender agreements
• Notices to quit
• Boundary disputes
• Adverse possession (registered and unregistered land)
• Trespass
• Injunctions (prohibitory and mandatory)
• Specific performance
• Rent increases
• Consent for alterations and improvements (unreasonable withholding)
• Easements / rights of way

Recent cases

• In 2024 Michael was successful in the First Tier Tribunal in obtaining an order for adverse possession in respect of his clients’ application for first registration of railway arches that had been used continuously without interruption and with exclusive possession for 30 years without contest. Despite numerous challenges raised by Network Rail as to claimed ownership and disputed exclusive possession, the tribunal dismissed such objections and granted the order.
• In 2024 Michael acted for a tenant in a claim for possession brought under grounds 8, 10 and 11 of Schedule 2 of the HA 1988. Michael discovered during the investigation stage that the claimant landlord had historically sold the freehold of the building without having given notice of assignment under LTA 1985 s.3, nor having served notice under LTA 1987 s.48. After raising locus standi by way of defence, the claimant subsequently discontinued the possession claim.
• In 2024, Michael assisted a private landlord in a claim for possession under ground 1 of Schedule 2 of HA 1988 for the landlord and his family to return to the property. Possession was eventually granted after Michael gave detailed submissions at a preliminary hearing to determine technical points that were raised by the tenant under ground 1.
• In 2024, Michael was instructed by a large Property Management Company to provide advice on the potential effects of the Renters (Reform) Bill due to its proposed abolition of fixed term tenancies. While the Bill has not yet been given Royal Assent, it has gained much traction, and has understandably caused significant shockwaves across the residential landlord community.
• In 2024, Michael was instructed to act for a leaseholder of residential premises for a declaration that consent for alterations was unreasonably withheld. As a result of the pleaded case, the parties settled out of court agreeing retrospective consent for alterations.   
• From 2023 to date, Michael has been engaged on a matter involving a boundary dispute with a neighbour who built a large extension in breach of planning permission, and in the absence of any notice under the Party Wall Act. The case also involves trespass and causative damage to the client’s property as a result of the neighbour’s build.
• Since 2023, Michael has been instructed on a number of trespass cases involving farmers prevented from gaining access to their land due to repeated obstructions by adjacent commercial leaseholders. Michael carried out a detailed analysis, provided advice and drafted pleadings, some of which have settled at the pre-litigation stage whereas others have warranted proceedings to be issued for injunctive relief and damages.

Commercial Property 

• Lease renewals
• Leasehold termination
• Rent increases
• Rent recovery
• Leasehold interpretation
• Break clauses
• Surrender agreements
• Repairing covenants
• Consent for alterations and improvements (unreasonable withholding)
• User
• Trespass
• Forfeiture
• Mixed use (commercial and residential)
• Frustration

Recent cases

• In 2024 Michael advised a commercial landlord on the possibility of electing forfeiture as a result of the tenant company entering into a CVA. In addition, Michael advised on the risk of waiving the right to forfeit upon voting at a creditor’s meeting in relation to the CVA.
• In 2024, Michael advised a commercial landlord on opposing a tenant’s claim for renewal in reliance upon s.30(1)(b) LTA 1954 for persistent delayed payments of rent, and the likelihood of success.
• In 2024, Michael advised a commercial tenant operating as a hotel business in relation to a potential claim for damages (by way of diminution in value/loss of profits) arising from a substantial loss of light entering through numerous apertures of the hotel building caused by an adjoining owner’s extensive construction.  
• Michael recently advised a commercial tenant on waiver of the right to forfeit in circumstances where the commercial landlord had sought injunctive relief as part of the same possession proceedings without having properly pleaded such relief in the alternative.  
• In 2024 Michael was instructed by a commercial tenant seeking advice about exercising a conditional break clause in circumstances where, due to poor draftsmanship, questions were raised as to the applicability and enforceability of the clause.
• In 2023 Michael was successful on behalf of a commercial tenant who applied to set aside a money judgment for arrears of rent, despite the order being made 2 years prior.  While the issue of promptness was of paramount concern, it was clear from the facts that the tenant’s actions during the preceding 2 years after the order was made were inconsistent with a party who had knowledge of the making of such an order. In addition, once the tenant was in receipt of the order from the landlord’s solicitors, he made an application to set aside within 7 days.