Call: 1992

Arthur Moore

Direct access

Practice overview

Arthur came to the bar after studying physics at Oxford University, and taking the Diploma in Law at City University in London.  After practising for five years at the Criminal bar he has, since 1997, specialised in disputes over land.

In the wider property law area, Arthur regularly advises and appears in cases of  residential and commercial landlord and tenant such as leasehold disputes of all types in the LVT, and commercial lease renewal, as well as in broader property related disputes such as boundary determination, rights of way and trusts of land.

Arthur regularly lectures and gives training in the skills -and the art- of advocacy.

Areas of expertise

  • Trusts including TOLATA

    Trusts including TOLATA

    Arthur has a particular interest in cases concerning the creating and enforcement of trusts over land, and the division of beneficial interests in land.

    Recent work

    • Advising and representing in a beneficial interest case where there was an issue as to whether the parties had in fact been married.
    • Advising and representing one party in case where five members of same family claimed interest in a property

    Important cases 

    AUBIN MCKENZIE V LEONARD JAMES MCKENZIE
    Where a son had become a party to his parents purchase of the family home from the local authority in order to raise a sufficient mortgage to complete to purchase there was no evidence of a common intention that he should have a beneficial interest in the property.

  • Property
    • Commercial landlord & tenant

      Commercial landlord & tenant

      Arthur’s commercial landlord and tenant practice covers all the usual areas such as rent review, dilapidations and lease renewal.

      Recent work

      • Advising tenant in lease renewal where assignees freeholder has not been assigned the entirety of the relevant freehold interest
      • Advising and representing tenant in lease renewal of prestigious shop premises in Regent’s Street
    • Housing (social & privately rented)

      Housing (social & privately rented)

      Arthur has a strong following amongst the leading solicitors who act for landlords and those that act for tenants.  His practice includes claims relating to anti-social behaviour, disrepair, right to buy, succession, environmental protection and possession (with a speciality in relation to public law defences).  He regularly advises social housing providers on broader policy issues surrounding the management of housing stock.

      Recent work

      • Advising and appearing for tenant in non-statutory succession case
      • Advising and appearing for tenant in disrepair case where tenancy pre-dated statutory provisions in relation to repairing obligations on a residential landlord
      • Advising and appearing for landlord in relation to injunction where tenant asserting right to make racist remarks
      • Advising registered provider in respect of RTB leases and in particulars service charge recovery
      • Advising and appearing for tenant in possession action where possession of drugs not prohibited by the tenancy agreement
      • Advising and appearing for landlord in child-tenant case
      • Advising and appearing for landlord in possession case against gypsies where only defence is a public law defence

      Important Cases 

      • Salford CC v. Garner

      Introductory tenancy- tenant moving in before start date of tenancy- when proceedings for possession begun- whether on delivery of papers or when claim issued- whether twelve months had elapsed so introductory tenancy became secure

      • Sharp v. London Borough of Brent CA

      Homelessness and allocations- article 8 of European Convention on Human Rights- County Court not permitted to consider whether council’s allocation policy being applied properly in an appeal against a review of a homelessness decision

      • Sharon Drew Morgen v Manaz Hamid-Zadeh – CA (

      Failure to give express notice under s.47 & s.48 Landlord and Tenant Act 1987 – whether service of a notice under s.21 Housing Act 1988 is sufficient – whether rent “lawfully due” for the purposes of possession under grounds 10 and 11 of the Act.

      • LB Southwark v Vennette Simpson – The Times

      Expert evidence in prosecutions under s.82 Environmental Protection Act 1990 – evidence of whether the condition of a property is such that it is “prejudicial to health” is a matter of opinion and such evidence must be given by a suitably qualified expert (not necessarily a doctor) to secure a conviction.

    • Leasehold & leasehold management

      Leasehold & leasehold management

      Arthur’s practice spans all the usual areas including forfeiture, dilapidations, service charges, enfranchisement and unlawful eviction.

      Recent work

      • Advising landlord on whether parking charges were “service charges” and on the jurisdiction of Property Tribunal to determine the point
      • Advising tenant after dismissal of her claim for a new lease
      • Advising landlord on service charge provisions of a new lease
      • Advising landlord on service charge calculation where leases for different flats in the same building had different contained different provisions.;
      • Advising and appearing for tenant in disrepair case

      Important Cases

      • R v. Brent Justices exp.

      Prosecution under Protection from Eviction Act 1977- Human Rights Act 1998- magistrates not required to give reason for conviction in judgment form- retirement of magistrates’ clerk with the magistrates for extended periods quite proper- judicial review rather than case stated where complaint of procedural fairness-

      • Maryland Estates Limited v Bar-Joseph – CA

       Conditions of relief from forfeiture in rent-only actions – definition of “all rent in arrears” in s.138 County Court Act 1984 – applicable to residential and commercial long leases.

      • LB Southwark v Vennette Simpson – The Times

      Expert evidence in prosecutions under s.82 Environmental Protection Act 1990 – evidence of whether the condition of a property is such that it is “prejudicial to health” is a matter of opinion and such evidence must be given by a suitably qualified expert (not necessarily a doctor) to secure a conviction.

    • Real property & mortgages

      Real property & mortgages

      Arthur regularly advises on cases involving rights of way, boundary disputes, occupier’s liability and adverse possession, as well as other aspects of real property.

      Recent cases

      • Advising and representing client in boundary dispute where encroachment across the boundary was “flying”.  Issues of adverse possession of air space and of part performance
      • Advising on nature and extent of right of way and issues of extinguishment of the right
      • Advising and representing in a claim under the Access to Neighbouring Land Act

      Important  cases 

      Frank Henry Brazil v. Frank Brazil

      Donaldson QC sitting has a High Court Judge.  Adverse possession- single and conclusive occupation required- intention to possess- several members of same family present on site

Professional associations

  • Social Housing Law Association
  • Housing Law Practitioners Association
  • Administrative Law Bar Association
  • Property Bar Association

Qualifications

  • Physics at Oxford University
  • Diploma in Law at City University in London
  • RICS mediation accreditation

Insights

What is the price of safety? And who pays the price?

12/06/2018

Time for appealing in the FtT – When does time start to run?

14/02/2018