Property and Planning
John acts in property cases including disputes between co-owners, disputes between landlords and tenants whether residential or commercial including disputes under the Landlord and Tenant Act 1954, disputes between neighbours and disputes concerning mortgages.
He has an extensive property practice, including:
- Land Registration
- Trusts of Land and Appointment of Trustees Act 1996 claims
- Claims in relation to Adverse Possession
- Easement disputes
- Possession Actions by Mortgagees, LPA Receivers and Landlords
- Leasehold Disrepair and Dilapidations
- Leasehold Enfranchisement
- Actions for Service Charges and Administration Charges
- Actions for unlawful eviction
- Liability Orders for Business Rates and Council Tax
- Boundary and Neighbour Disputes
- Business Tenancy Disputes
- Disclaimed Property and Bona Vacantia
- Property matters where there is an insolvency element.
- Property matters where a party has died.
Property & Planning Cases
Acted in an 8-day trial concerning residential rights of way and parking rights, and successfully defended an appeal against the decision after trial, and drafted written reasons why permission should not be given for a second appeal to the Court of Appeal, where permission was duty refused on paper.
Succeeded after a four-day trial in a claim for an injunction to remove a fence obstructing a right of way, and defended a counterclaim for an injunction under the Protection from Harassment Act 1997. Appeared on the application for permission to appeal which was dismissed.
Regularly acts for Local Authorities in relation to Applications in relation to Liability Orders for non-payment of Council Tax and Non-Domestic Rates. Successfully appeared for Blackpool Council in Oyston v Blackpool Council [2024] EWHC 1224 (Admin).
Advised Liverpool City Council in relation to bringing back into Council ownership properties which had been leased to a developer with obligations to develop the properties, where the developer had to failed to so develop the properties.
Regularly advises and represents parties to trial (if necessary) in relation to neighbour disputes and represents parties in mediations and joint settlement meetings.
Succeeded in forfeiture proceedings of commercial property for breach of the repairing covenants.
Obtained possession of a property held under a shared-ownership lease for failure to pay the rent.
Defended a claim at trial for an injunction and damages to repair a roof in relation to a property split into flying freeholds.
Regularly acts for both Landlords and Tenants in claims under the Landlord and Tenant Act 1954.
Regularly in the Property Chamber Land Registration Division First Tier Tribunal on a disputes including adverse possession, registrations of entries arising from trusts and easements for example.
Appeared on an application for a Vesting Order of property which was bona vacantia.
Acted for a tenants and management companies in the First Tier Tribunal (Property Chamber) in disputes over service charges and administration charges, and cases which are affected by the Building Safety Act 2022.
Experienced in advising upon disputes regarding easements, whether express or arising from prescription or other circumstances.
Represented LPA receivers in a complex possession matter concerning a mixed-use property and tenants with various different potential defences to the proceedings, providing advice, pleading of proceedings and advocacy in a claim which succeeded in obtaining vacant possession of the property.
Advises upon, drafted and appears in Part 8 Proceedings for an Order under the Trusts of Land and Appointment of Trustees Act 1996.
Obtained Summary Judgment for a landlord for unpaid rent, where the defence raised by the tenant was that a break clause had been exercised.
Obtained a Possession Order against trespassers at the first hearing where the trespassers raised a Human Rights defence.
Advised a client who successfully challenged a Noise Abatement Notice.
Represented a charge holder and successfully defeated the defence of a third party who stated that the transfer of the property to the borrower was obtained by fraud.