The purpose of this note is to assess the issues a landlord should consider before pursuing their tenant for compensation for dilapidations arising following the termination of an Agricultural Holdings Act 1986 (“1986 Act”) tenancy.Read more
Tom is a property litigation solicitor with a specialism in real property and both agricultural and commercial tenancy disputes.
Tom advises on all types of disputes arising from ownership and occupation of land. Tom often advises landlords and tenants on the operation of tenancies under the Agricultural Holdings Act 1986, Agricultural Tenancies Act 1995 and Landlord and Tenant Act 1954. Tom is experienced in disputes arising from trusts, co-ownership of land and farming partnerships.
Tom has particular expertise in disputes arising from the enforcement of restrictive covenants and applications to Court for relief and discharge of those restrictive covenants under Section 84 Law of Property Act 1925. Tom is also an expert in disputes arising from the use of, and interference with easements and private rights of way.
- Applied to the High Court for an interim injunction restraining interference with an easement acquired by prescription. Claim for a declaration of the easement followed. Wilkie; Wilkie; Manor Roofing (Herts) Ltd -v- Walton (Unreported)
- Court proceedings were issued for a declaration of a restrictive covenant and an order restraining the defendant from breaching that covenant. Considered issues as to whether the claimant had the benefit of the covenant and whether the defendant was entitled to discharge the restrictive covenant under Section 84 of the Law of Property Act 1925.
- Applied to the First Tier Property Chamber for a declaration of an easement acquired by implied grant pursuant to Wheeldon v Burrows; Section 62 Law of Property Act 1962.
- Claim for a constructive trust arising from a joint venture for a multiple plot residential development in Cambridgeshire.
- Advised a national housing developer regarding third party claims for easements and adverse possession.
- Advised FTSE 100 company on resisting a claim for adverse possession.
- Acted for a national developer in a boundary dispute with a number of residential property owners.
- Acted for farming tenant following the service of a Case E Notice to Quit. The Notice to Quit was contested and the matter was referred to the RICS dispute resolution service for referral to arbitration.
- Acted for Agricultural Holdings Act 1986 tenant in an application for succession of a tenancy. The landlord contested the application on the grounds the tenant could not satisfy the “livelihood test”.
- Acted for various landlords in connection with the service of Notices to Quit pursuant to Section 6 of the Agricultural Tenancies Act 1995.
- Acted for an Agricultural Holdings Act 1986 tenant following the service of a Case B Notice To Quit; the landlord wanted possession of the land for development. Surrender on favorable terms was eventually agreed.
Commercial Landlord and Tenant:
- Instructions on behalf of a FTSE 100 company to serve break notices, section 25, 26 and 27 notices.
- Acted for a national retailer, resisting and minimising dilapidation claims. Negotiated settlement in a without prejudice meeting following analysis of Section 18 expert evidence;
- Advising a FTSE 100 company on the difference between repair and renewal.
- Advising a purchaser of commercial premises of the nature and extent of a tenant’s tenancy, including advice on termination and the merits of implying into the tenancy terms relating to rent review; subsequent instructions were to persuade the tenant to surrender their existing tenancy and to accept a new tenancy.