Property

Property and land disputes come in all shapes and sizes, but whether you are a large property developer seeking to buy land, a buy-to-let landlord with a problem tenant, or a farmer needing advice on rights of way over the farm, the Ely Place Chambers Property team can assist. We provide specialist advice and advocacy at all levels, from claims in the County Court through to those in the Court of Appeal and the Supreme Court.

We also appear in the Leasehold Valuation Tribunal, the Lands Tribunal (now the Upper Tribunal (Lands Chamber)) and in proceedings before the Adjudicator to the Land Registry, as well as assisting in arbitrations and the expert determination of property disputes.

We act for property developers, commercial landlords and tenants, large companies, pension funds and local authorities, as well as individual landlords, tenants and neighbours.

At all levels, we aim to provide realistic, clear, honest and commercial advice in order to reach sensible, beneficial and cost-effective resolution of disputes. This may be achieved through mediation or negotiation, or through trials or hearings, but whichever method of resolution is used, we act robustly for our clients and consistently with their interests and aims.

Members of our team can assist with all aspects of Property, Landlord and Tenant and Housing law, and in particular:

Property

Enforcement of Contracts for the Sale of Land / Agreements for Leases
Options
Land Development Agreements and Enforcement (including Overage)
Compulsory Purchase and Compensation
Easements
Restrictive Covenants
Boundary Disputes
Adverse Possession
Land Registry Adjudications
Mortgage Claims
Undue Influence

Commercial Landlord and Tenant

Commercial Lease Renewals
Dilapidations Claims
Forfeiture and Relief from Forfeiture
Enforcement of Covenants
Rent Reviews
Agricultural Holdings

Residential Landlord and Tenant / Housing

Possession Claims
Harassment and Unlawful Eviction
Disrepair
Security of Tenure / Succession to Tenancies
Leasehold Enfranchisement
Right to Buy
Service Charges
Allocation of Housing
Homelessness Applications and Appeals
Anti-Social Behaviour / Nuisance Tenants

Other Property-Related Work:

Trusts of Land (express, constructive or resulting)
Proprietary Estoppel
Property Related Professional Negligence (e.g. Surveyors / Solicitors)

Examples of significant cases that members of the Property team have appeared in include:

Scullion v Bank of Scotland (t/a Colleys) [2011] EWCA Civ 693
Valuer’s Liability in respect of buy-to-let mortgage valuation.

Paul –v- LB Southwark [2011] UKUT 178
Service charges – letters chasing payment can amount to notice under section 20B(2) of the Landlord and Tenant Act 1985 so that charges incurred more than 18 months previously could be claimed.

Haringey LBC v Hines [2010] EWCA Civ 1111, (2011) HLR 6
Right to Buy – importance of pleading case in deceit properly against tenant who purchased pursuant to a right to buy.

Guy –v- Barclays Bank Plc [2010] EWCA Civ 1396, [2011] 1 WLR 681
Attempt to re-open appeal concerning rectification of the Land Register.

For further information, contact:

Russell Stone, Team Leader, or Richard Sheehan, Practice Clerk, on 020 7400 9600.