Articles

Breach of trust and related claims against solicitors.

• Joseph Ollech

It is well recognised that occupying property under a leasehold interest carries inherent risks arising from the fact that other competing, and in some cases superior, interests might interfere with or jeopardise the enjoyment of the premises under such leasehold occupation. Where the leasehold interest is of part of a property or complex in multiple occupation, such risks typically arise from the occupation of the other parts of the property.

• Caroline Shea KC

Leases that impose repairing liability upon tenants create obvious conflicts of interest between landlords and tenants. This conflict has caused disputes over centuries which show no signs of abating.

• Guy Fetherstonhaugh KC

Absent agreement, when can a landlord or a tenant under a commercial lease secure a variation of their existing lease terms on a renewal under the Landlord and Tenant Act 1954?

• Oliver Radley-Gardner KC
• Tamsin Cox

In a recent appeal arising out of a property fraud a long time ago, the Upper Tribunal determined that the fraudster was not able to claim adverse possession of the property to defeat the true owner’s claim to have it back, even if he had been in possession for more than 12 years prior to 2003.

• Stephanie Tozer KC