Property
Penny has a wide property practice including matters both in the County and High Courts concerning interlocutory applications and trials whilst also accepting instructions to draft pleadings and provide advice both in writing and in conference.
Examples of such matters include the following:
- Trials in possession of residential property, including section 8 and Section 21 Housing Act 1988 matters as well as compensation pursuant section 214 of the Housing Act 2004 and unlawful eviction.
- TOLATA matters including section 14 orders for sale.
- Landlord and Tenant Act 1954 tenancies and dilapidations claims
- Boundary disputes, as well as claims in trespass and/or nuisance including injunctions.
- Breach of restrictive covenants and Party Wall Act disputes 1996
Notable cases
- Penny successfully acted for the Claimant leaseholder in a claim for breach of quiet enjoyment, trespass, property damage arising from poor workmanship resulting in the exacerbation of water damage and wrongful conversion of goods. In addition to special damages, both nominal and aggravated damages were awarded.
- In a longstanding dispute, Penny has repeatedly acted for the bank in its claim for possession arising from the mortgagee’s default of the mortgage conditions. Such post possession applications have included successfully dismissing applications to stay the warrant of possession and responding to applications for permission to appeal, all of which were refused.
