Property

Overview

At Forum we understand the importance of property law for businesses and individuals and have a wealth of experience in providing accurate, timely and commercially orientated legal advice.

Our members are able to advise businesses and individuals on all aspects of land law and property disputes.

All members of chambers are active in Forum’s core areas of financial services, insolvency, professional negligence, and property. This means that Forum is able to excel for those clients who find themselves at the intersection of these areas. Mortgage lenders face overlapping issues of land law and financial services regulation, whether under the Financial Services and Markets Act or under the remnants of the Consumer Credit Act. Trustees in bankruptcy will want to claim possession of the bankrupt’s home but will have to reckon with the Court’s discretion and the Insolvency Rules at the same time. Commercial landlords will seek possession or termination of a business tenancy but will find themselves facing an insolvent tenant. Private individuals may be behind on their mortgage payments but at the same time have legitimate complaints against the lender for breach of the Mortgage Conduct of Business Rules, for unfair default charges, or about the circumstances in which the loan was made in the first place.

Our barristers are able to navigate the variable terrain of property law issues with ease and clarity.  We regularly advise and act on a range of property matters, including:

 

  • Contentious business tenancy renewals under the Landlord and Tenant Act 1954;
  • Forfeiture of business tenancies and relief;
  • Residential possession claims;
  • Breach of covenant claims;
  • Cases involving proprietary estoppel;
  • The existence and scope of easements in a residential and commercial context;
  • Charging Orders and Orders for Sale;
  • Residential co-ownership disputes and trusts of land; and
  • Avoidance of property transactions for undue influence and misrepresentation.We are also able to provide advice and representation on short notice in respect of urgent matters such as injunctions and possession order
  • Notable and recent cases include: 
    • Acting in an appeal on the nature of waiver of the right to forfeit a lease for non-payment of rent;
    • Advising a commercial tenant on the existence of a new tenancy by proprietary estoppel and the impact of the tenant’s CVA on the landlord’s claim for rental arrears;
    • Advising on and acting in a claim for an equitable charge by proprietary estoppel and associated injunctive proceedings to prevent transfer of the land;
    • Defending possession proceedings and counterclaiming for avoidance of the residential mortgage for undue influence and misrepresentation;
    • Acting in case exploring the effect of the recent emergency stay on all possession claims as a result COVID-19 and the Judge’s ability to depart from the stay;
    • Acting in a trustee’s claim for possession of the bankrupt’s home where possession resisted on the grounds of the bankrupt’s personal circumstances.

 

 

Our Property Litigation experts
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