Jamal Demachkie

Areas of expertise

• Property
  • Commercial landlord & tenant

    Commercial landlord & tenant

    “A leading authority on commercial lease disputes” (Who’s Who Legal), Jamal specialises in the law of landlord & tenant, undertaking a broad range of work within the commercial sphere. He is frequently instructed in forfeiture proceedings, rent reviews and dilapidation claims, representing both landlords and tenants.  Since acting in the Court of Appeal case of Patel v Keles [2010] Ch 332 – one of the leading cases on intention under ground(g) – Jamal has frequently been counsel of choice in 1954 Act lease renewals.  Jamal deals with both contentious and non-contentious matters.

    Jamal has particular experience in respect of licensed premises, representing PubCos and tenants in all manner of disputes surrounding such leases, including: disputes over beer ties, injunctions, forfeiture and relief, dilapidations, consents to assign or alter, rent reviews, as well as Market rent only (MRO) and Pubs Code disputes.

    Recent cases

    • Man Ltd v Back Inn Time Diner Ltd [2023] EWHC 363 (Ch): A 1954 Act appeal concerning the correct test under ground (f) – intention to redevelop.
    • EI Group Plc v Clarke [2020] EWHC 1858 (Ch): A rare case involving the Pubs Code and an arbitrator’s error in law when considering whether the Pub Owning Business had offered a compliant MRO (Market Rent Only) tenancy.
    • EI Group Plc v In & Out Developments Ltd [2019] EWHC 1887 (QB): The High Court considered the law on stays of possession orders pending appeals.
    • Grimes v The Trustees of the Essex Farmers and Union Hunt [2017] EWCA Civ 361: The Court of Appeal considered the meaning of the word ‘or’ in the context of addresses for service within an agricultural tenancy agreement.
    • Pineport v Grangeglen [2016] EWHC 1318 (Ch) (and [2016] EWHC 2170 (Ch) – costs): The High Court examined the very limits of its inherent equitable jurisdiction to grant relief from forfeiture for non-payment of rent.
    • Codling v Harlow [2013] EWHC 683 (Ch); [2013] All ER (D) 303 (Mar): An appeal on the inter-relationship between sections 28 and 29 of the Landlord and Tenant Act 1954 and the application of laches on stale claims.
    • Patel & Anr v Keles & Anr – [2010] Ch 332: A leading case on the question of a landlord’s intention when opposing a tenant’s application for a new business tenancy under s.30(1)(g) of the Landlord and Tenant Act 1954.
  • Development & planning

    Development & planning

    Jamal has considerable expertise in areas concerning development of land. He is regularly instructed to advise, or litigate, in disputes ranging from modest residential mediations to multi-million pound litigation concerning development of commercial land.  His proficiency in areas such as restrictive covenants & easements, boundaries & land registration, and overage, rights to light & other development rights, means he is perfectly placed to deal with all issues which may arise in any such dispute.

    Jamal undertakes such work in Courts and Tribunals throughout the country and has concluded numerous arbitrations and adjudications concerning development of land. He is frequently instructed to advise on the interpretation of leases, deeds and development contracts.

    Recent cases

    • Aldi v Persons Unknown (Rough Sleepers) [2020] EWHC 2231 (QBD): A final injunction prohibiting unlawful access to car park land, and quia timet injunctions prohibiting anti-social behaviour.
    • A seven-figure Party Wall claim arising from the development of the former-site of Central London County Court in Park Crescent.
    • Rogers v Humphrey [2017] EWHC 3681 (QB): High Court appeal concerning the judge’s discretion to refuse to award damages in lieu of an injunction in a breach of covenant case, and whether the Judge correctly considered the effect of Coventry v Lawrence on the traditional Shelfer test.
    • Mohstart Ltd v Charlton (Walsall) LLP v Humphrey [2017] EWHC 3489 (QB): High Court appeal concerning a Commercial Property sale – Interpretation of contractual terms following sale of property by auction.
    • Burn v Stratford (2017, arbitration): An arbitration concerning the extent to which it is permissible to imply terms into an overage agreement.
    • Kennedy v Whitcomb (2015, Unreported) A claim at first instance involving entitlement to ownership of pre-registration title deeds in relation to registered land, where the original deeds provided information on mineral and other development rights on the land.
    • Higson v Guenault [2014] EWCA Civ 703; [2014] 2 P&CR D33: Court of Appeal decision on damages in lieu and interference with an easement leading to a tennis club.
    • Harsten Developments Ltd v Bleaken [2012] EWHC 2704 (Ch); [2012] All ER (D) 77 (Oct): A two-week boundary dispute in the High Court involving allegations of misrepresentation and misdescription of development land following a sale at auction.
    • Valencia v Llupar [2012] EWCA Civ 396: The Court of Appeal considered the relevance of ‘subject to contract’ negotiations in the context of partnerships at will.
  • Housing (social & privately rented)

    Housing (social & privately rented)

    Jamal deals with all matters arising in the context of residential landlord & tenant disputes.   He has experience in the courts, acting for both landlords and tenants, in issues surrounding possession, residential disrepair, anti-social behaviour injunctions and breach of covenants, to name but a few.  His practice covers Housing Act and Rent Act tenancies, together with mortgagee repossessions and claims involving LPA receivers.

    Jamal’s expertise in the law of forfeiture has led to frequent instructions in disputes concerning breach of covenants of long leases and associated disputes concerning rent charges, ground rents and notice provisions. Jamal acted in the leading decision on AirBnB short-term holiday lets: Nemcova v Fairfield Rents Ltd [2017] 1 P&CR 4, and has subsequently advised and lectured extensively in this area.

    Jamal is the author of the chapter on Residential Leasehold Properties in the Law Society’s book: “Risk and Negligence in Property Transactions” (Law Society Publishing, 2018).

    Recent cases

    • Dorrington Residential Ltd v 56 Clifton Gardens Ltd [2022] UKUT 266 (LC): Upper Tribunal appeal dealing with the meaning of the words “permit access” in residential leases.
    • EI Group Plc v In & Out Developments Ltd [2019] EWHC 1887 (QB): The High Court considered the law on stays of possession orders pending appeals
    • Nemcova v Fairfield Rents Ltd [2017] 1 P&CR 4 – ‘The Airbnb ruling’: The Upper Tribunal held that a short-term let was in breach of a ‘private residence’ covenant. Jamal acted for the successful landlord at first instance and on appeal.
    • Sukhlall v Bansoodeb [2013] EWHC 952 (Ch): An appeal concerning the attempt to use a ‘collateral contract’ argument to circumvent the effect of s.2(1) of the Law of Property (Miscellaneous Provisions) Act 1989.
    • Stern v Lawnpond– [2009] EWHC 268 (Admin) – High Court appeal on purported agreement concerning rent payable on an assured periodic tenancy.
  • Leasehold & leasehold management

    Leasehold & leasehold management

    Jamal frequently acts in disputes before the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber), acting for freeholders, leaseholders, and management companies.  These disputes cover the full gamut of the Tribunal jurisdiction, including leasehold enfranchisements and lease extensions, appointments of managers and RTM companies, challenges to service charges and applications for determinations over breaches of covenant (often as a precursor to forfeiture). Jamal acted in the leading decision on AirBnB short-term holiday lets: Nemcova v Fairfield Rents Ltd [2017] 1 P&CR 4.

    Recent cases

    • Donovan v Prescott Place Freeholders Ltd [2024] EWCA Civ 298: Court of Appeal decision concerning the effect of a landlord’s breach of the tenant’s ‘right of first refusal’.
    • Fairhold Holdings & St George v Burke (LON/00AY/LSC/2023/0064): Expansive FtT dispute concerning the interpretation of leases at the St George Wharf development on the Thames.
    • Dorrington Residential Ltd v 56 Clifton Gardens Ltd [2022] UKUT 266 (LC): Upper Tribunal appeal dealing with the meaning of the words “permit access” in residential leases.
    • Manson-Smith v Arthurworrey: [2020] EWHC 3802 (QB); [2021] EWHC 2137 (QB): A claim for damages for harassment, derogation from grant and breach of covenant against a landlord following a 6-year campaign against residential tenants.
    • Nemcova v Fairfield Rents Ltd [2017] 1 P&CR 4 – ‘The Airbnb ruling’: The Upper Tribunal held that a short-term let was in breach of a ‘private residence’ covenant. Jamal acted for the successful landlord at first instance and on appeal.
  • Real property & mortgages

    Real property & mortgages

    Jamal’s practice encompasses the full ambit of real property, including: easements and covenants, trespass and nuisance, conveyancing and land registration, adverse possession and proprietary estoppel.  He has undertaken countless neighbour and boundary disputes, from first instance County Court claims, up to the Court of Appeal; he has been commended for his client-friendly and hands-on approach, especially in the context of mediations.

    Jamal’s real property expertise sees him receiving frequent instructions in claims involving mistake and misrepresentation surrounding property transactions, and he is frequently asked to advise upon the construction of contracts in all settings. Over the past few years, he has undertaken a number of cases concerning contracts for the sale of land and applications for the return of deposits under s.49(2) LPA 1925.

    Jamal is also regularly instructed in mortgage disputes; both by and against lenders, and frequently for LPA receivers. He has considerable experience in the related areas of relief from forfeiture of leases subject to mortgages and arguments over competing interests and priorities of registered land.

    Recent work

    • Donovan v Prescott Place Freeholders Ltd [2024] EWCA Civ 298: Acted for mortgagee in the Court of Appeal decision concerning the transfer of encumbered property following the landlord’s breach of the tenant’s ‘right of first refusal’.
    • Monogram Technologies Ltd v Waterlane Properties Ltd [2021] EWHC 3811 (Admin): Appeal over a court’s failure to prescribe the use of a right of way over a car park.
    • Rogers v Humphrey [2017] EWHC 3681 (QB): Appeal concerning the exercise of discretion to award damages in lieu of an injunction following a breach of restrictive covenant.
    • Graves v Brouwer [2015] EWCA Civ 595; [2015] All ER (D) 203: A ‘bizarre case’ according to the Court of Appeal, involving fire damage to property.
    • Genge v Sandle (2015, Unreported): A 10-day neighbour dispute involving every conceivable argument which may arise in these claims.
    • Higson v Guenault [2014] EWCA Civ 703; [2014] 2 P&CR D33: Court of Appeal decision on damages in lieu and interference with an easement leading to a tennis club.
    • Sukhlall v Bansoodeb [2013] EWHC 952 (Ch): An appeal concerning the attempt to use a ‘collateral contract’ argument to circumvent the effect of s.2(1) of the Law of Property (Miscellaneous Provisions) Act 1989.
    • Harsten Developments Ltd v Bleaken [2012] EWHC 2704 (Ch); [2012] All ER (D) 77 (Oct): A two-week boundary dispute in the High Court involving allegations of misrepresentation and misdescription of development land following a sale at auction.
    • Dutta v Hayes – [2012] EWHC 1727 (Ch); [2012] 3 EGLR 1: The High Court construed the terms of a right of way and held that the Defendant’s use of the track for the purposes of a stud farm fell outside of the definition of ‘agricultural’.
  • Trusts of land

    Trusts of land

    Jamal has a wealth of experience in the law surrounding Trusts of Land, with his practice embracing areas such as s.14 TOLATA applications, co-ownership and constructive trusts of the family home, together with the related area of estoppel. He frequently appears, at trial and appeal level, in trusts of land claims following the breakdown of family or business relationships, and in disputed involving the division of assets arising out of joint ventures.

    Recent work

    • Representing one brother against another in a long-running dispute concerning the fraudulent purchase of property in the name of another, from first instance, up to the Court of Appeal, and back down to the County Court.
    • Acting for two doctors surgeries following the dissolution of a partnership and the division of assets held on trust.
    • A two week trial in the County Court concerning a family disagreement, which involved a conflict of laws regarding property in the UK and abroad.
    • Acting for a developer in a lengthy arbitration following the breakdown of a development agreement.
    • A series of claims for occupation rent arising out of the exclusion of a co-owner from jointly owned property.
    • A number of claims brought by trustees of a SIPP fund in a dispute with the beneficiaries of the fund and the owners of the property.
• Professional liability
  • Legal professionals

    Legal professionals

    Jamal’s property expertise makes him a leading choice for professional negligence claims concerning legal professionals involved in property transactions and litigation.  He has a wealth of experience in claims against barristers, solicitors and other legal advisors in such claims, and is sought after for his commercial approach to litigation.

    Jamal is a contributing author of “Risk and Negligence in Property Transactions” published by the Law Society in September 2018.

    Jamal has recently been involved in a number of ‘ground rent negligence’ claims, where solicitors are alleged to have negligently failed to advise purchasers in respect of ground rent increases in new build properties.

    Recent work

    • Acting for Defendant insurers in a series of claims brought against conveyancing solicitors in ‘ground rent’ negligence claims.
    • Acting for Claimants in a complicated solicitor’s negligence claim concerning advice and transactional work over the course of a number of years.
    • Acting for Claimants in a professional negligence claim against a barrister for failing to advise on the construction of a lease.
    • Acting for Defendant in a solicitors’ negligence claim concerning misinterpretation of overage provisions.
    • Acting for purchaser of property against former solicitors relating to failings in the conveyancing process.
    • Advising on a four-handed claim involving mortgagee, buyer, solicitor and vendor in a professional negligence claim surrounding the failure to discharge a prior legal charge.
    • Acting in five related claims against a solicitor in a successor-practice involving the negligence of a former-partner of an earlier firm.
  • Property Professionals

    Property Professionals

    Jamal undertakes all manner of professional negligence work and has developed particular expertise in property-related disputes against surveyors, valuers and other property professionals.

    As contributing author of the leading textbook: “Risk and Negligence in Property Transactions”, he is often sought out to advise on such disputes at an early stage of proceedings.

    His experience in relation to claims against legal professionals is dealt with in the Professional Liability – Legal Professionals section of his profile.

    Recent work

    • Advising a leading legal expenses insurer on policy coverage with regard to a series of professional negligence claims.
    • Acting for Claimants in a multi-million pound claim against managing agents for fraudulent conduct and negligent breach of duty, in relation to a longstanding management agreement concerning high value residential properties.
    • Acting in a multi-party dispute concerning a negligent survey following the purchase of a thatched-roof property.
    • Acting for a purchaser of commercial property in a claim against a negligent valuer.
    • Advising in a claim concerning an allegedly negligent valuation of residential property that was subject to numerous equitable interests.