Property and Land Law

Property and Land Law covers landlords and tenants (including lease renewal, possession actions, service charge disputes and property which has been allowed to fall into disrepair); disputes between lenders and borrowers (for example over mortgage arrears) and injunctions against trespass, nuisance or serious anti-social behaviour. It can also cover cohabitation disputes, and we will advise, draft pleadings and represent you at trial (including in proceedings also involving TOLATA and Schedule 1 applications).

Our barristers have extensive experience of representing landlords and tenants in the full range of residential and commercial disputes in the public and private sectors, and can advise and represent you in any of the Courts and Tribunals which deal with these cases. We act for both landlords and tenants in possession proceedings involving arrears, damages and/or antisocial behavior.

Boundary Disputes can be particularly long-running, contentious and stressful and our Barristers have a reputation for taking a commonsense and pragmatic approach, aiming to avoid litigation where possible as well as representing you at trial.

We act in a wide range of disputes, including those between owners of neighbouring residential, agricultural or commercial properties. We have experience of cases involving additional issues such as those relating to listed buildings, claims for damages where developments are affected, and cases in which include issues of trespass, damage to property or threatening behaviour.

Our expertise includes Rights of Way matters, representing private developers; private individuals and objectors to developments. Rights of Way are frequently involved in cases where land is being developed, is subject to a change of use, or has been acquired by a new owner; and there is an existing, perhaps historic, footpath which crosses it and we have significant experience of cases protecting existing Rights of Way.

Our barristers are skilled at representing clients at trial, but are also happy to advise on and draft pleadings on your behalf.

Our experience:

  • Acting for landlords or tenants in possession actions
  • Applications before the Lands Tribunal
  • Claims under the Protection from Eviction Act 1977
  • Disputes between lenders and borrowers
  • Disrepair claims, on behalf of tenants and landlords
  • Injunctions restraining nuisance and trespass
  • Obtaining of injunctions eg relating to serious anti-social behaviour
  • Possession actions, lease renewal negotiations and service charge challenges
  • Representing borrowers in applications for sale of property by mortgage companies


Case Studies

Successfully defending a claim for a share of a property

Holly’s client owned a property in which he had allowed his daughter and grandchildren to live rent-free for 20 years. The daughter’s partner, the Claimant, had lived there alongside the family. He had undertaken extensive works to the property, including the building of extensions, which had increased its value. The Defendant’s daughter had passed away, Continue reading

Compromise agreement avoids substantial Court costs

Paul acted on a direct access basis for the association of leaseholder/chalet owners in a holiday park subject to restrictions on when the chalets could be used (for ‘holiday use only’ for 37 weeks per annum. The chalet owners sought a variation of their leases to allow year-round holiday use, which was opposed by the Continue reading

Disability discrimination claim rejected

Holly represented a Local Authority housing provider which was concerned about the anti-social behaviour of some of its tenants. She was asked to draft the claim, advise on issues of procedure and evidence, and attend hearings. The tenants were vulnerable and claimed that they had been discriminated against because they are disabled. This claim was Continue reading

Property and Land Law Articles

HMO Licensing: all change from October 2018

Introduction Becket Chambers is based in Canterbury, a city with two universities and over 40,000 students. Consequently, very many of our Landlord clients rent to students and are likely to have properties subject to mandatory HMO (“Houses in Multiple Occupation”) Licensing regulations. Mandatory HMO Licensing was introduced in 2006 as a means of providing some Continue reading

HMO Licence Fees after Peter Gaskin v Richmond upon Thames: Possible Relief for Regulated Landlords

Introduction HMO (“Houses in Multiple Occupation”) Licensing has been in place since 2006 and entitles local authorities to impose conditions when granting licences to Landlords. In addition, and as discussed in my related article on the subject, councils are also entitled to levy a fee for the granting of such licences. In fact, the HMO Continue reading

Tenancy Deposits: A Brief Summary

It has long been standard practice for landlords to take a deposit from tenants at the start of a tenancy agreement.  The deposit provides some protection to the landlord in the event of damage to the property or the tenant doing a disappearing act and leaving rent unpaid. Some landlords however were in the habit Continue reading

Property and Land Law Testimonials

“I appreciated you taking the time and trouble to come to see us here and it was certainly a very useful meeting.

Your very prompt attendance note is also appreciated. Your advice is clear and well received.”


Mr H Instructing Rachel Baker – August 18

“…The service from both our Barrister and the Clerks was not only excellent but pleasant also…”

Mr and Mrs K Instructing Paul Tapsell – September 16