Residential and Commercial Landlord and Tenant

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 2023, 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 2023, Michael was instructed to provide advice to a home owner on a boundary dispute with her neighbour who built a large extension in breach of planning permission, and in the absence of any notice under the Party Wall Act. After having carried out a thorough analysis, it was found that the neighbour had committed a trespass and caused damage to the client’s property.
• In 2023, Michael was instructed by a land owner claiming title to adjacent land by way of adverse possession. The land being claimed is predominantly unregistered, however scattered within the plot are small portions of registered land which relate to historical leasehold interests dating back to the 19th Century. Michael’s services were retained in order for an in-depth analysis to be carried out as to the extent of unregistered land being claimed, and proceedings have now commenced in the First Tier Tribunal (Property Chamber).
• In 2022 and 2023, Michael was 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.
• Throughout 2021 and 2022 Michael acted for a landlord on a very protracted and complex s.8 possession claim, involving many spurious allegations of disrepair brought by the tenant in an attempt to set-off his damages claim against the arrears figure that had reached £110,000.00. After a very long battle, Michael was successful in finally defeating the tenant’s numerous claims, enabling the landlord to eventually recover possession, and rent out the property to good paying tenants.
• Michael is currently instructed on a very complex s.8 possession claim on behalf of a tenant who had been granted by way of statutory declaration the right to use the property rent free for the rest of his life. The landlord accepted that he had made a Statutory Declaration but denied that it had any legal effect. The claim is ongoing, and involves arguments of constructive trust, proprietary estoppel, and undue influence.
• In 2022, Michael was instructed to advise a leaseholder as to whether her freeholder had unreasonably withheld consent for alterations. After having carried out a comprehensive analysis, it was found that there had been an unreasonable withholding of consent, and proceedings have since been issued for declaratory relief.