Property Newsletter: February 2025

Introduction

Welcome to the February edition of the Gatehouse Chambers Property Newsletter. 

As usual, we have some great articles. This month, we feature one from Adam Smith-Roberts about the decision in Khan v D’Aubigny [2025] EWCA Civ 11, which is significant as it is the first decision at this level on deemed service under section 7 of the Interpretation Act 1978. It is equally important for the approach taken to the meaning of a ‘notice’ under a tenancy agreement.

Michael Maris also provides useful insight on the meaning of “sleeping accommodation” and repudiatory breach of lease in considering Ramsbury Properties Ltd v Ocean View Construction Ltd (St Christopher and Nevis) [2024] UKPC 40.

It’s all go in property law at the moment! I’ve compiled a brief overview of some of the key developments from the past month in the update below.

Editor  – Laura Tweedy

Legal update - Laura Tweedy

• Renters’ Rights Bill: last week the House of Lords, on its second reading, proposed several crucial amendments to the Renters’ Rights Bill. The Hansard transcript can be found here: Renters’ Rights Bill – Hansard – UK Parliament. Key takeaways include: 

• • Purpose built student accommodation – the inclusion of this in the assured regime has caused a lot of debate and concern for the student sector and the Lords have proposed this be removed from the regime; 

• • Baroness Taylor reassured the Lords that Government is working with the Ministry of Justice to ensure that it’s prepared for the Bill’s impact, however grave concerns remain over how the court system will cope; 

• • The limits on advance rent was debated, with the Lords being live to the negative consequences for the international market and self-employed renters so this might be subject to change; 

• • Local authority enforcement was a concern with regards Decent Homes Standards and the practical reality of this being enforced. So too were the Lords concerned with how small-scale landlords could afford the improvements; 

• • Pets are to stay but there is concern over no comprehensive pet insurance existing. 

Leasehold and Freehold Reform Act 2024: On 31 January 2025, new regulations (SI/2025/57) enacted section 27 of the Leasehold and Freehold Reform Act 2024. These changes abolish the two-year ownership requirement for leaseholders to extend their lease or purchase the freehold under the Leasehold Reform Act 1967 and the Leasehold Reform Housing and Urban Development Act 1993. The following provisions also come into force on 3 March 2025 (SI/2025/131): 

• • • Section 49 – non-residential limit on right to manage claims; 

• • • Section 50 – costs of right to manage claims 

• • • Section 51 – compliance with obligations arising under Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002(2) 

• • • Section 52 – no first-instance applications to the High Court in tribunal matters 

• • • Section 64 – restriction on recovery of non-litigation costs of right to manage (it inserts section 20J of the Landlord and Tenant Act 1985(3)) 

• The government has very recently announced a new consultation on improving energy efficiency in the private rental sector: Improving the energy performance of privately rented homes: 2025 update – GOV.UK 
• The first compulsory mediation case following Churchill, Superdry v Man City, settled at mediation: Churchill.APPROVED JUDGMENTS 
• The Welsh government responded to Local Government and Housing Committe report on the Private Rented Sector which looks at how it is going after all of the reforms: https://senedd.wales/media/yaiirpig/gen-ld16895-e.pdf 
• And of course, the vermin of the moment, moths and how terrible they are, particularly when they infest a 32.5 mil pound home. This case is important, not least for the link between conveyancing questionnaires and misrepresentation: Patarkatsishvili and another -v- Woodward-Fisher 

Laura Tweedy

News

Emma Zeb recommended for Silk

We are delighted to share the proud news that Emma Zeb has been recommended for silk (KC) in the 2024 competition.

Consistently ranked by both Chambers UK and The Legal 500 for personal injury, clinical negligence, inquests and inquiries work, Emma is known for her user friendly yet no-nonsense approach and is a fearless advocate who is always meticulously prepared.

Learn more about Emma’s expertise here.

What have we been up to?

Laura Tweedy has had a wonderful start to the New Year, mediating lots of really interesting property disputes. She also attended the ICC Mediation Competition in Paris and fell back in love with its beauty (and food!) She is also enjoying working on a case with the cross over between property issues and criminal offences, as well as finalising a notice of objection in a Supreme Court permission case.  

Cameron Stocks returned injury free from skiing in the Alps and is diving headfirst into a residential possession trial in a claim that has been running for 4 years as well as advising on the interplay of the Energy Performance Regulations and listed building status and the service of a notice of severance on a Court-appointed deputy.  

Brie Stevens-Hoare KC seems to be surrounded by options, overage and tricky restrictive covenants with large bill for flood damage thrown in for good measure. Looks like 2025 will be both busy and interesting which always makes Brie smile a lot.  

John de Waal KC and Gemma de Cordova have been instructed to appear in the Court of Appeal in SGL1 Ltd v FSV Freeholders Ltd, a case which concerns the vexed question of what is a “building” for the purpose of giving notice under s5 Landlord and Tenant Act 1987. It is anticipated that the hearing will be later this year. 

Phil Marriott has been dealing with settlement of long-running possession proceedings, unpaid rent in agricultural tenancies, and more property damage in blocks of flats. However, he also had time to enjoy a long weekend in Vienna at the end of January.  

Jamal Demachkie has been busy with an appeal in the Upper Tribunal (Lands Chamber), an appeal in the Upper Tribunal (Tax & Chancery Chamber), and preparing his client’s written case for an upcoming appearance in the Supreme Court.  Oh, the joy of appeals! 

Lauren Godfrey is acting in a difficult and protracted claim defending against forfeiture of a long residential lease based on an alleged failure to pay service charge. The claimants have obtained irregular judgment.  Issues include validity and whether there was a legally effective demand for the service charge, the reasonableness of the service charge and service of the claim form including service out of jurisdiction. 

Victoria Dacie-Lombardo has returned from the beautiful mountains and beaches of Oman. Before she went away, she was considering some thorny questions about misrepresentation in property transactions. Now she’s back and gearing up for a string of upcoming hearings plus a trial concerning a high value residential property which is due to take place at the beginning of next month.  

David Lipson’s February has been full of variety; he has been instructed in a property damage dispute, advised on the breach of a tenant’s covenant to repair, defended against a claim for forfeiture of residential premises, and assisted with an application for summary judgment and interim payment in a commercial property dispute. 

Daniel Gatty has been mediating about easements and adverse possession, preparing for a trial about a mortgage only for it to be adjourned at the last minute (to his frustration) and advising about issues as diverse as the priority of purchasers’ liens, misrepresentation in property sales and informal joint venture agreements. 

Events 2025

MIPIM 2025
11-14 March – Cannes

Gatehouse Chambers’ barristers and staff will be heading to Cannes for MIPIM 2025.

Do get in touch if you or some of your colleagues will be there too and would like to meet up.

UKREiiF  2025
20-22 May – Royal Armouries Leeds & Leeds Dock

We will also be attending UKREiiF 2025, which will take place in Leeds and offer  opportunities for networking, learning, and investment.

Feel free to reach out if you or your colleagues will be there.

Airing the Dirty Laundry? Ramsbury Properties Ltd v Ocean View Construction Ltd

Ramsbury Properties Ltd v Ocean View Construction Ltd (St Christopher and Nevis) [2024] UKPC 40

This appeal, heard by the Judicial Committee of the Privy  Council, turned on two central points: (i) the proper interpretation of a provision in the lease that the landlord was providing ‘sleeping accommodation only’; pursuant to that clause, was the landlord within its rights to insist that the tenant’s workers were prohibited from eating on the premises and drying their laundry?; and (ii) in making that prohibition, was there a repudiatory breach by the landlord entitling the tenant to terminate the lease?

Article by Michael Maris

Read more

To post, or not to post? That is the question (sort of…)

The decision in Khan v D’Aubigny [2025] EWCA Civ 11 is interesting as the first decision at this level on deemed service under section 7 of the Interpretation Act 1978, but is equally important for the approach taken to the meaning of a ‘notice’ under a tenancy agreement.

As anyone who deals with possession proceedings (any plenty of those who don’t) will know, service of notices and other documents is often key to establishing the right to possession. It is also one of the matters that is often disputed and often botched. So deemed service is something very valuable to a landlord.

Article by Adam Smith-Roberts

Read more

Contact us

If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team:

Patrick Sarson, Senior Practice Manager
Jim Findley, Practice Manager
Adam Macdonald, Practice Manager
Samuel Read, Practice Manager

To find out more about our Property Team and their work, visit the property page on our website. To view a copy of our privacy statement, please click here.

This edition of the property newsletter was edited by Laura Tweedy. Comments or queries about this newsletter? Please get in touch with her!