Our Property team offers clients legal expertise, first class advocacy and commercially sound advice in a broad range of property matters and disputes. We are able to provide a flexible service including provision of timely written or oral advice when a problem is first recognised, representation at ADR, in the First-tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber), at public inquiries, the County Court or, in larger or more complex cases, the Business & Property Courts.
Whether property is held freehold, under an agricultural or business tenancy, a residential long lease, or a secure or assured shorthold tenancy, the areas in which East Anglian Chambers’ Property Team can offer sound advice and skilled representation include the following :
Generally
- Co-ownership and Trusts of Land, including common intention constructive trusts, resulting trusts or proprietary estoppel
- Boundaries, including alteration/rectification of the register at HM Land Registry under s65 of and Schedule 4 to the Land Registration Act 2002
- Adverse possession, concerning both unregistered land under the Limitation Act 1980 and registered land under Part 9 and Schedule 6 of the Land Registration Act 2002
- Matters concerning registration at HM Land Registry, including the effect of first registration and interests subject to first registration, overriding interests, charges, etc
- Easements and private rights of way
- Establishing or challenging claims to public rights of way
- Restrictive covenants, their validity and application, and applications under s84 of the Law of Property Act 1925 to the Upper Tribunal for modification/discharge
- Actions for trespass and nuisance (including Rylands v Fletcherstrict liability)
- Control of building works under the Party Walls, etc Act
- Local authority action to improve housing conditions under Part 1 of the Housing Act 2004, interim Empty Dwelling Management Orders, etc
Agricultural land
- Disputes arising under the Agricultural Holdings Act 1986 or the Agricultural Tenancies Act 1995
- Housing rights of former agricultural workers
Business tenancies
- Advising on proposed lease terms, including assignment, break clauses and repair liability
- Disputes over the refusal to grant or the terms of a new business tenancy
- Interpretation and/or implementation of a rent review clause
- Evicting a problem tenant
- Recovery of commercial rent arrears
- Terminal dilapidations
Residential long leasehold
- Service charges and other management issues, including the appointment of a manager for cause and exercise of the statutory no-fault right to manage
- Attempts to forfeit leases for breach of obligations to keep the premises in repair
- Enfranchisement of houses and flats, and individual lease extensions
- Tenants’ rights of first refusal to purchase the freehold on certain sales by landlords under Part 1 of the Landlord and Tenant Act 1987
Residential short tenancies
- Possession proceedings for rent arrears, breach of obligations under the tenancy, and/or anti-social behaviour
- Challenges to notices of increase in rent under the Housing Act 1988
- Management of houses in multiple occupation (HMOs)
- Selective licensing
- Penalties for certain housing offences under s249A of the Housing Act 2004
- Rent Repayment Orders
- Unlawful eviction
Planning & compulsory purchase
- Public Local Inquiries concerning planning applications and established use certificates and in connection with environmental issues, e.g. smell, noise nuisance and waste control for both public and private sectors
- Advising and acting for clients on land compensation issues including properties affected by interference from public works, highways under the Land Compensation Act 1973 and Compulsory Purchase Orders
