Property and Planning
Andrew undertakes a variety of property work. His workload includes advocacy, advice and drafting in relation to the following:
- Commercial, residential and agricultural leases including construction of leases
- Lease renewal, rent review, forfeiture, possession proceedings, dilapidations,
- Enforcement of other covenants and pursuit of former tenants and guarantors covenants, easements, boundaries, conveyancing disputes, options and development agreements mortgages
- Trusts and probate matters
- Professional negligence claims arising from property transactions and management including those against solicitors and surveyors
- Property transactions and devolution in an insolvency context
- Injunctive relief in relation to the use, misuse and disposition of property
He is regularly instructed by major development companies and large-scale landlords as well as private individuals and others.
Andrew has experience of appearing before the Adjudicator to the Land Registry, the Leasehold Valuation Tribunal and the Upper Tribunal (Lands Chamber) as well as in the High and County Courts and Court of Appeal.
He strives to respond promptly to the needs of his client and provide the best practical and commercial solution to legal problems.
Property & Planning Cases
Andrew’s reported property related cases include:
Helena Housing v Pinder and Others [2006] HLR 2 – creation of tenancies
Mortgages 1Ltd v Wong LTL 1/10/08 – mortgages, undue influence, non est factum
Doran v Liverpool City Council and Secretary of State for Communities and Local Government (2009) NPC 35 – determination of licences, possession proceedings and Human Rights
Redrow Homes (Midlands) Ltd and others v Hothi and others [2012] L & TR 8 – construction and operation of service charge provisions operated by a management company
Other recent notable property-related cases include:
Successfully defending a claim of undue influence on behalf of a major mortgage company
Advising a major UK developer with regard to the enforceability of an option agreement and securing compliance with the same
Successfully seeking an order that a landlord had unreasonably withheld consent to
an assignment of a business lease thereby allowing a sale of the business to proceed within a narrow window of opportunity
Obtaining injunctive relief to prevent the imminent sale of property with
a substantial value
Successfully defending a concerted challenge to the rent review provisions
of a registered social landlord’s standard tenancy agreement
Successfully obtaining registration of 16 acres of land before the Property Chamber
on the basis of adverse possession
Successfully claiming a prescriptive right to park before the Property Chamber
