Subject areas:
Landlord and Tenant
Recent cases have included advice, drafting and representation on the following:-
Possession of residential premises;
Forfeiture of commercial premises, including applications for permission to commence forfeiture proceedings, injunctions and resolving issues relating to waiver, estoppel and relief from forfeiture;
Commercial lease renewal claims;
Rent review claims;
Substantial dilapidations claims and claims involving the application of s.18 LTA 1927;
Break clauses and conditions precedent to the operation thereof;
The validity of notices to terminate tenancies / licences;
The creation and termination of all forms of tenancies and licences;
Agricultural tenancies and occupancies / farm business tenancies;
Leasehold covenants, especially repair, alienation, user and insurance covenants;
Unlawful eviction;
Defective Premises Act 1972;
Rights to buy and of first refusal, leasehold enfranchisement and rights to manage;
Service charges;
Housing;
Distress for rent and sale of seized goods;
Local authority leases and long tenancies;
Nuisance – liability of landlords and tenants;
Markets and alllotments;
Tenancy deposits;
Assignments and guarantees;
General Property
Recent cases have included advice, drafting and representation on the following:-
Adverse possession;
Trespass;
Boundary disputes and construction of deeds;
Other forms of neighbour dispute, including party walls and anti-social behaviour;
Conveyancing disputes, especially breach of contract, misrepresentation in pre-contract enquiries and notices to complete;
Co-ownership and trusts of land;
Proprietary and other forms of estoppel relating to land claims;
Contracts for the sale of land;
Private and public rights of way (including highways);
Other forms of easement, especially drainage, rights of support, rights to light and parking. Shooting rights;
Restrictive covenants, especially user and building covenants;
Land Registration, rectification disputes and applications to the First Tier Tribunal;
Mortgage repossessions, including defence of such on grounds of undue influence, fraud, incapacity and overriding interests;
Securities, Receivers etc;
Charging Orders, Orders for Sale;
Actual and presumed undue influence, gifts and resulting trusts;
Options to purchase, buy-back and overage agreements;
Nuisance, including tree root, tree removal and flooding claims;
Chattels, personal property and bank accounts;
Land remediation;
Estate agency;
Specific performance and injunctions;
Rural payments and land classification;
Breach of trust and vesting orders.
Marc acts for homeowners, developers and commercial property owners alike. Work in these areas is undertaken regularly in the County Court, Chancery Division, Queen’s Bench Division, Court of Appeal and relevant tribunals including the First Tier Tribunal, Upper Tribunal and LVT. Work undertaken in these areas also covers arbitration and mediation.
Marc is an accredited mediator (LSM) and accepts instructions on a direct access basis.
Notable Cases
Landlord and Tenant
Re Plumdean Ltd [2018]
Service charge dispute involving residential estate in London
Re Youd [2017]
Nuisance liability of landlord of commercial premises
Possession / agricultural tenancy issues
Miller v Bridgeman
Blower v Teague [2017] CC
Whether chalets were held on residential tenancies or licences; possession, estoppel
Barn v X [2017]
Residential possession claim against Premier League footballer
Russell v Ditta [2017]
(proceedings to enforce enfranchisement rights)
Re Aquarius Riverside Ltd (advising freehold company in relation to the enforcement of leasehold covenants within London riverside development)
Cunningham v Aslam [2016]
FTT/UT – application under s.167 CLRA 2002
Casing Management Services Ltd v Credential [2011]
TCC (1m dilapidations / forfeiture claim)
General Property
Dacorum BC v Wilton [2018] CC
(right of way/ prescription/lost modern grant/ estoppel)
Re Fishleigh [2018]
(partition of extensive family interests in farmland)
Re Pearce [2018] Ch D
(restrictive covenant/breach/building scheme)
Moore v Lightfoot [2018]
FTT (rectification of register/restrictive covenant)
Avis v Rudd Engineering Ltd [2018] FTT
(adverse possession, rectification of register)
Ingestre Properties Ltd v Pinches [2018] FTT
(registration of right of way)
Wilkes v Kenyon [2017] Ch D
(Vesting Order)
Shropshire CC v Shrewsbury Town FC [2017]
(restrictive covenants/user)
Howard v Jarvis [2017] CC
(tree root nuisance)
Edwards v Bevid [2017] FTT
(registration of right of way)
Buhour v Lawton [2017] CC
(enforcement of contract for sale of land)
Bowen v Preston [2017] CC
(rights of way by express grant/prescription/lost modern grant)
Nazran v Bos Plc [2016] Ch D
(mortgagors claim against Receivers/mortgagee)
Beque v Summers Poultry Ltd [2016]
(substantial noise/odour nuisance claim)
Re Rashid [2016] FTT
(rectification/fraud)
Mehmet v Eurorose Ltd [2016] FTT
(determined boundary)
Re Medmenham Abbey [2016] FTT
(adverse possession/determined boundary)
Elliott v Oliver [2016] FTT
(trusts of land / removal of restriction)
Woodward v Ashmore [2015]
Court of Appeal, (trusts of land/ creation and quantification of beneficial interest)
Richards v Demiralp [2012] QBD
(rights of way)
Memberships
MCCBA
CBA
Qualifications
Wolverhampton Grammar School
Selwyn College, Cambridge Ma (Hons)
Lincoln’s Inn (Major Award)
Accredited Mediator
