9 Gough Square - Property

Barristers in our Property Team deal with all aspects of property-related work; from co-ownership and trust disputes to commercial leases. Members appear in courts at all levels, acting for both landlords and tenants, and have extensive experience of the more specialised tribunals, such as LVTs, the Lands Tribunal and the Adjudicator to the Land Registry. Two members edit Sweet & Maxwell's Landlord and Tenant Reports. Team members are experienced in various methods of ADR and two members are CEDR-accredited mediators.

Members of the Property Team at 9 Gough Square deal with all aspects of property-related work; from co-ownership and trust disputes to commercial leases. Members appear in courts at all levels, acting for both landlords and tenants, and have extensive experience of the more specialised tribunals, such as LVTs, the Lands Tribunal and the Adjudicator to the Land Registry.

Whatever the area of law under consideration, we look for the best commercial solution for the client and work closely with you to achieve this. We are practical, approachable and used to working to tight deadlines.

Team members are experienced in various methods of ADR and two members are CEDR-accredited mediators.

The practical experience and extensive legal expertise of team members is augmented by the involvement of two team members in editing Sweet & Maxwell's Landlord and Tenant Reports. We undertake lectures and seminars and are happy to help in tailoring training to solicitors' requirements.

Examples of the types of work undertaken include:

Restrictive covenants, boundaries and rights of way and other easements
Contracts for the sale of land
Adverse possession and claims involving rectification of the Land Register
Co-ownership and trusts
Commercial tenancies, including renewals under Pt II of the LTA 1954, construction of covenants, rent reviews and dilapidations
Termination of leases, including forfeiture and relief, the effect of insolvency and the rights of sub-lessees and mortgagees
Residential occupiers, including tenancies under the Rent Acts, assured tenancies, secure tenancies and licences
Housing disrepair, including claims involving personal injury
Unlawful eviction claims, including claims for damages under the Housing Act 1988
Leasehold enfranchisement claims under the LRA 1967 and LRHUDA 1993 and the protection of long residential leaseholders under Pt 1 of the LTA 1954 and Schedule 10 of the LGHA 1989
Mortgage possession claims

Recent cases in which members of the Property Team have appeared include:

Nouri v Marvi, Razaq & Bank of Scotland [2005] EWHC 2996; LTL 18.10.05: (Ch D) fraudulent dealings with land & rectification of the Land Register

Long Acre Securities Ltd v Karet [2005] Ch 61; [2004] L&TR 30: (Ch D) the application of the notice requirements under the LTA 1987 to a large residential estate

Ace 2 Ltd v Shell UK Ltd TCC [2004]: a multi-million terminal dilapidations claim relating to an office block in Manchester

Rother District Investments Ltd v Corke [2004] L&TR 21; [2004] 1 EGLR 47: (Ch D) right of a purchaser of the reversion to forfeit the lease prior to registration of the purchaser as proprietor

First Penthouse Ltd v Channel Hotels & Properties (UK) Ltd [2004] L&TR 16: (Ch D) unreasonable refusal to consent to assignment & waiver of right to forfeit lease for breach of covenant to carry out development

Tingay v St Ermins Property Co Ltd [2003] L&TR 6; [2002] 3 EGLR 53: (Ch D) requirements for valid notice under s.42 LRHUDA 1993

Latifi v Coleherne Court Freehold Ltd [2003] 1 EGLR 78: (QBD) waiver & estoppel in relation to a notice under s.42 LRHUDA 1993

Bankway Properties Ltd v Dunsford [2001] 1 WLR 1369; [2001] 2 EGLR 36: (CA) effectiveness/validity of rent review clause in assured tenancy agreement which purported eventually to take the tenancy out of the protection of the HA 1988

St Ermins Property Co Ltd v Patel (No. 2) [2001] L&TR 38; [2002] 1 P&CR 3: (CA) validity of notices re. long residential leases under Pt 1 of the LTA 1954 where house had been divided into maisonettes

Fivecourts Ltd v JR Leisure Development Co Ltd [2001] L&TR 5: (QBD) disrepair to hotel property, relief against forfeiture and extension of time for compliance with consent orders

LB Camden v Gunby [2000] 1 WLR 465: (Div Ct) liability of managing agent under EPA abatement notice

Dayani v Bromley LBC [1999] 3 EGLR 144: (TCC) one of the very few modern authorities on permissive waste

Bank of Cyprus v Markou [1999] 2 All ER 707: (Ch D) setting aside guarantee & legal charge on grounds of undue influence where loan made to company in which wife had equal share

St Ermins Property Co Ltd v Patel (No. 1) [1997] 2 EGLR 61; (1998) 75 P&CR 46: (CA) validity of notices under Pt 1 LTA 1954 where house (originally held on a joint tenancy) had been divided into two maisonettes, appropriate time at which to determine validity.

Click here to view our barristers working in the area of Property and to see details of notable Property cases undertaken by each barrister.