
Introduction
Welcome back after what, I hope, was a fun filled summer for those of us who managed some time off and to those of us who prefer to take our summer holiday after the children are back to school – enjoy. Here at Gatehouse Chambers, we have been celebrating various award nominations – please see details below.
This month we have “have you missed” by Lina on Spencer v Estate of John Mitchell Spencer & Ors [2023] EWHC 2050 (Ch) the latest proprietary estoppel case. We have an article on Goodmans Autos Ltd v Maverstone Properties Ltd & Anor [2023] EWHC 1882 (KB) by Kort Egan and our 2 minutes with interview is with the wonderful, fellow Geordie, Cameron Stocks.
Updates
Next month I hope to provide an update on where we are at with the Building Safety Act, but, as a prequel, here is the judgment in Radcliffe Investment Properties Ltd v Meeson & Ors (Landlord and tenant- service charges) [2023] UKUT 209 (LC) where the court held that the waking watch was not payable by the leaseholders because the costs were attributable to the landlord’s failure to comply with the Regulatory Reform (Fire Safety) Order 2005. Please also be aware that before we next publish this newsletter our clients who are owners and managers of high-rise blocks need to have registered with the Building Safety Regulator and if they have not it is a criminal offence. Here is a link to check if your client needs to register a building: Applying to register a high-rise residential building
As for Renters Reform, at the point of writing, the Bill has still not received its second reading in the Commons. The next few weeks in Parliament are busy with party conferences and the Kings Speech (November 7th) so it is looking increasingly uncertain that there will be sufficient time for the Bill will be passed before a general election in 2024. The Government have been lobbied on a number of controversial provisions in the Bill, including no possession ground for students and the ability for tenants to be able to serve immediate notice. The Second Reading is the first time the Bill is properly debated so let’s watch with bated breath for the powers that be to have their say.
The review outcomes and next steps for the Housing Health and Safety Rating System was published last week: Housing Health and Safety Rating System (HHSRS): review outcomes and next steps.
In case of use, the CJs at Central London County Court have requested that CCMC draft Orders are produced using the following format: CCMC Directions.
Yesterday the Prime Minister also changed the plan for minimum EPC C ratings for rental properties previously required by 2025 (new) and 2028 (existing).
Editor – Laura Tweedy

News
Legal 500 Bar Awards 2023
We’re thrilled to announce that Gatehouse Chambers has been shortlisted for 9 awards at the Legal 500 Bar Awards 2023, including three nominations for our property team; Brie Stevens-Hoare KC for Property Silk of the Year, Emily Betts for Property Junior of the Year and the team for Property Set of the Year.
Gatehouse Chambers shortlisted for Chambers of the Year at the British Legal Awards 2023
We’re delighted to report that Gatehouse Chambers has been shortlisted for Chambers of the Year at the British Legal Awards 2023.
The awards ceremony will be held on Wednesday 29 November 2023 at City Central at the HAC.
Jamal Demachkie shortlisted for Real Estate Junior of the Year at the Chambers UK Bar Awards 2023
We are delighted to share that Jamal Demachkie has been shortlisted for Real Estate Junior of the Year at the Chambers UK Bar Awards 2023.
Congratulations, Jamal!

What have we been up to?
David Peachey was looking forward to a quiet August in London, after a very busy May, June and July. He has now given up on the possibility of a quiet September after a very busy August, which found him in the Upper Tribunal seeking to modify a restrictive covenant over a Jacobean mansion, and in the High Court resolving issues with a multi-property estate.
James Hall has also had a busy August, with new instructions in relation to super-prime property over-valuation, defending personal representatives in relation to alleged mismanagement of property, and further instructions in relation to a conspiracy about a property! As well as co-writing (with William Golightly) an article on rectification of security, to be published soon in a reputable journal…
Cameron Stocks spent the first week of August state-side in DC before returning to London to deal with back-to-back boundary disputes and a smattering of proprietary estoppel involving (shock horror) a farming family…!
Laura Tweedy had a great summer at theme parks and zoos across Europe and is now incredibly grateful that the children are back to school! Work involved a private prosecution for failure to provide service charge information, TOLATA claims and Renters Reform talks.
Lina Mattsson has had an amazing August sailing down the Shannon and exploring islands around the Swedish archipelago. She is now looking forwarded to a month of back-to-back trials arguing about proprietary estoppel, valuable consideration and s 2 of the LP(MP)A 1989.
Daniel Gatty spent much of August on holiday in Croatia or writing the second edition of his book, A Practical Guide to Rights over Airspace and Subsoil (and sometimes both at the same time). The book is due to be published in October.
When not enjoying time off for good behaviour in Croatia and Barcelona, Andrew Skelly spent August obtaining summary judgment in a possession claim (knocking out a constructive trust/proprietary estoppel counterclaim), in trial on a rectification / adverse possession claim in the First Tier Tribunal, advising in a dispute involving multiple parties regarding complicated drainage arrangements, and advising on various private and public rights of way issues. September is looking increasingly busy with similar matters.

Expert evidence and fine margins in boundary disputes - Goodmans Autos Limited v Maverstone Properties Limited [2023] EWHC 1882 (KB)
Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”).

Did you miss? Spencer v Spencer
Father and son had farmed land together for decades; they had formed a successful partnership in 1983. By 1996 the son’s profit share of the partnership was 95%. The father wished for the farm to stay in the family and, according to the son, assured his son that he would inherit all the farmland as long as he devoted his time to it and did not take on other ventures. The father made wills in 1993 and 2003 that left the farmland to the son; the rest of his estate was left in equal shares to his two daughters.
Read the full summary by Lina Mattsson here.

Events
National Property Law Conference 2023
Location: The Law Society
Date: Tuesday 10 October 2023
The panel, including Morayo Fagborun-Bennett will consider the impact the government’s Leasehold Reform (Ground Rent) Act 2022 (the Act) has had on leaseholders, freeholders and developers. They will discuss the right to manage and changes to freehold, as well as what’s coming up next.
Click here for further details.
2 minutes with Cameron Stocks

Contact us
If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team:
James Duncan-Hartill, Practice Director
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!