John Waiting

Call 2010

waiting@exchangechambers.co.uk

Photo of John Waiting

Property and Planning

John is an experienced commercial barrister, his practice covering all aspects of commercial, property and insolvency matters.

He has an extensive property practice, covering:

  • Possession Actions by Mortgagees, LPA Receivers and Landlords
  • Disrepair Actions by Tenants
  • Leasehold Enfranchisement
  • Actions for Service Charges and Administration Charges
  • Actions for unlawful eviction
  • Complaints against Bailiffs
  • Liability Orders for Business Rates and Council Tax
  • Boundary Disputes
  • Business Tenancy Disputes

Property & Planning Cases

Acted for a tenants and management companies in the First Tier Tribunal (Property Chamber) in disputes over service charges and administration charges.

Advised and acted at trial in boundary disputes.

Experienced in advising upon disputes regarding easements. Represented the successful party in a trial regarding the easements of drainage into a septic tank system.

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.

Advised upon, drafted and successfully appeared in Part 8 Proceedings for an Order under the Trusts of Land and Appointment of Trustees Act 1996 for possession of a Property and for an occupation rent to be paid to the client.

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 chargeholder and successfully defeated the defence of a third party who stated that the transfer of the property to the borrower was obtained by fraud.

Successfully acted for a Local Authority in defending an application to set aside Liability Orders for Business Rates.

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.

Acted for a tenant in the Leasehold Valuation Tribunal in a claim made by a Landlord for Service Charges. The charges were held to be invalidly demanded by the tribunal.

Advised and acted at trial in boundary disputes.

Acted for a bailiff in a Form 4 complaint made against him. The bailiff was found fit and proper to hold a bailiff certificate.