Introduction
The dark nights are certainly upon us, but here at Gatehouse we are really excited for all of the Christmas Festivities coming up. I am sure that we will see many of you Clay Pigeon Shooting at the PBA Christmas event next week.
By way of brief L&T legal update this month, Renters Rights is progressing: Renters’ Rights Bill – Parliamentary Bills – UK Parliament and there has recently been judgment in an important test case involving electrical condition reports in Wales: Coastal-Housing-Group-Ltd-and-Ors-v-Mitchell-and-Ors-Judgement-PT-2024-CDF-000024.pdf
We also have just had the Labour statement about Leasehold and Commonhold Reform: Written statements – Written questions, answers and statements – UK Parliament and a consultation on changes to business tenancy renewals: Law Commission Documents. It’s all go in landlord and tenant across the board!
This month’s edition features articles by Lauren Godfrey, who examines Palmer v Sans, Chancery Division [2024] EWHC 2685 (Ch), and William Golightly, who explores the implications of late Electrical Condition Reports for contract-holders in Wales in Coastal Housing Group Limited & Others v Mitchell & Others [2024]. Lina Mattsson provides insights into Daniel Gatty’s case, Lowry Trading Ltd v Musicalize Ltd.
Editor – Laura Tweedy
What have we been up to?
John de Waal KC was successful in the Gibraltar Court of Appeal in a case concerning fractional ownership (i.e. timeshares…).
Brie Stevens-Hoare KC has been in trial for most of the month over competing claims of repudiatory breach of management agreements. She is also dealing with a dispute between a former and current statutory trustee of service charge accounts about the reconstitution of the trust.
The successful opposition to a relief from sanction application which resulted in the Defendant not being permitted back into a three day trial was undoubtedly the highlight of Steven Woolf’s month, especially when the clients were shedding tears of joy and relief.
Daniel Gatty’s month has run the gamut from drainage issues arising under a commercial lease to a hearing concerning a disputed residential mortgage via a mediation about allegations of misrepresentation in answers to pre-contract enquiries. The month also saw Daniel’s article, ‘Grave Matters’ co-written with Simon Fosters of Shoosmiths appear in the 2 November edition of Estates Gazette (link here: https://www.egi.co.uk/legal/grave-matters-private-cemeteries-and-the-law/). The article discusses the law around private cemeteries in the light of the Law Commission’s new consultation paper, ‘Burial and Cremation’ and Demetriou v Mapara [2022] EWCA Civ 1001, a case about a private cemetery in which Daniel appeared, instructed by Simon.
John Clargo has been digesting his traditional diet of L&T (particularly forfeiture) and boundary disputes with some healthy sides of land registration (including a trial of contested first applications for registration where his client was successful). He is just able to accommodate a forthcoming, ‘wafer-thin’ estate agency dispute as dessert.
Andrew Skelly had the excitement of being against another member of chambers in a trial concerning the proper construction of various terms in a contract for sale of land. Otherwise, save for an injunction application in the High Court relating to a right of access, he has had a month of advising and drafting pleadings, in cases including issues of drainage of higher land, relocation of gas mains, obstructions to rights of way, and various boundary related matters.
Jamal Demachkie has had a largely-advisory month, opining on a number of development issues: rights of way, covenants, and rights to park (amongst others).
Carl Brewin has also been busy with mediations and negotiations, almost forgetting what the inside of a courtroom looks like. Some TLATA and neighbour disputes have kept him grounded.
Gemma de Cordova’s experience of assisting professional sportspeople with their property related disputes continues to expand, with a successful result following a 2-day trial for another former premier league footballer. Recently, Gemma has also been involved in advising in connection with the purchase of a football club and advising the former owner of another club in connection with a landlord and tenant matter.
Laura Tweedy, Jaysen Sharpe and Callum Reid Hutchings were successful in the Court of Appeal in Kerr v Poplar: Court of Appeal Judgment . Laura celebrated with a transatlantic Disney Cruise. It was amazing, but how times have changed!
Lina Mattsson seconds Andrew Skelly’s comment. She also had an exciting trial 😊 which was then followed by a further 5-day trial arguing about water ingress and (alleged) hydraulic overload of Thames Water’s sewers. The glamour. She has also been advising on termination of a tenancy governed by the Agricultural Holdings Act 1986 for non-agricultural use and a few PWA and boundary disputes.
Cameron Stocks has had a boundary dispute heavy month with consequential hearings following judgment and the final saga of a 5-year dispute which culminated in a successful application to strike out an application to register a prescriptive right of way on the basis of abuse of process/Henderson v Henderson with indemnity costs awarded. Cameron is looking forward to toasting the end of this long-running saga with his successful clients in a few weeks’ time.
William Golightly has been recording a webinar for Lexis Nexis looking back on the Renting Homes (Wales) Act 2016 two years after its commencement (despite the multiple greenscreens and cameras making it feel like it was a guest appearance on Match of the Day, reader, it was not.)
Victoria Dacie-Lombardo has been busy with mediations this month in addition to a run of possession claims. Back at her desk, she has been thinking about and advising on questions of contractual construction and other issues including nuisance, disrepair and the severance of joint tenancies.
Philip Marriott has had a varied month working on urgent Anti-Social Behaviour Injunctions, contested s.21 notices, and more ‘rent to rent’ schemes.
News
Laura Tweedy has been shortlisted for the Newcomer of the Year Award by the National Mediation Awards: 2024 Shortlists | The National Mediation Awards. If you would like to book her for a mediation, please do not hesitate to contact her directly or email her practice manager. Laura is extremely successful at and passionate about mediation and would love to work with you while she builds this aspect of her career.
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.
Palmer v Sans: Chancery Division [2024] EWHC 2685 (Ch)
In this case the Court applied traditional constructive trust principles to disputed facts in order to determine whether a specific property came within the estate of a bankrupt.
Article by Lauren Godfrey
Sanctions for late Electrical Condition Reports given to contract-holders in Wales: Coastal Housing Group Limited & Others v Mitchell & Others [2024] EWHC 2831 (Ch)
The Judgment of the Divisional Court of Griffiths J and HHJ Jarman KC (sitting as a Judge of the High Court) is the most significant treatment of the Renting Homes (Wales) Act 2016 (“RH(W)A”) and the wider regulatory regime for Electrical Condition Reports (“ECR”) and fitness for human habitation to date.
It makes clear the scope of the landlord’s duties in respect of the late provision of ECR and the extent to which a contract-holder (i.e. a person formerly called a tenant in Wales pre-commencement of the RH(W)A)) can withhold rent on that basis. Most significantly, it confirms that rent is not lawfully due for each day a landlord fails to give a copy of an extant ECR to the contract-holder.
However, it leaves other questions open, particularly whether a contract-holder can seek by way of restitution or moneys paid by mistake of law, to recover rent which was not, in fact, lawfully due but was nonetheless paid, whilst a landlord was in non-compliance with the ECR regime.
Article by William Golightly
Did you miss? Lowry Trading Ltd v Musicalize Ltd [2024] EWHC 2653 (KB), 28 October 2024
Beneficial interest under a contract for the sale of land- charging order
The claimants had obtained judgment against the defendants and an interim charging order had been made against the defendants’ interest in a freehold house. The claimants sought an order that the charging order be made final.
Article by Lina Mattsson
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!