Property Newsletter: Summer Edition
Introduction
A warm, summery welcome to the Summer edition of the Gatehouse Chambers property newsletter. This month Carl Brewin tells us about Government plans, nearly 20 years after Stack v Dowden, to overhaul how property is dealt with after breakdown of non-marital relationships. Meanwhile, Adam Smith-Roberts keeps us up-to-date on the new digital resolution procedure for possession cases. Property cases are the first of many planned electronic-only court procedures – let’s hope it works without hiccup or calamity – it is one thing to be a Guinea Pig, but no property litigator wants to be a canary.
There won’t be an August edition, so hold on to your sunbeds and look out for the next Gatehouse Property Newsletter, coming to an inbox near you in September.
Editor – David Peachey
Listen to the introduction here.
Property Newsletter Full Audio
News
Gatehouse Chambers shortlisted for three property awards at the Legal 500 Bar Awards 2026
We’re delighted to share that Brie Stevens-Hoare KC has been shortlisted for Property and Housing Silk of the Year, while Jamal Demachkie has been shortlisted for Property and Housing Junior of the Year at this year’s Legal 500 Bar Awards.
Adding to the celebration, Gatehouse Chambers has also been shortlisted for Property and Housing Set of the Year. Well done, team!
Find out the other shortlisted categories here.
Events
“The Lay of the Land”: Property Litigation Half-Day Conference
Join our Property Team on Thursday 22 October for an engaging half-day seminar, followed by networking and drinks.
- The seminar will cover a range of key topics, including:
- The abolition of upwards-only rent reviews
- Building safety
- What’s new in property litigation in 2026
- Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
Speakers: Daniel Gatty, John Clargo, Lina Mattsson, Priya Gopal and Philip Marriott
Please register your interest using this form. We will be in touch to confirm places in due course.
What have we been up to?
Brie Stevens-Hoare KC has recently been involved in two cases concerning the termination of land transactions and the use of Part 8 proceedings. One case centres on the termination of an option agreement following an alleged breach of a condition requiring payment of the £1 option fee, while the other concerns a conditional contract that was expressly terminated after interest on a deferred payment went unpaid. Together, the cases reflect a growing trend of developers seeking to exit transactions that may no longer represent the commercial opportunities they once did.
John Clargo tried to escape the end of the UK heatwave by flying to the cooler mountains of Italy… Where there was a heatwave. Just as it was turning cooler he returned to the UK… For a heatwave. When not wishing for an unseasonal chill, John has been dealing with commercial forfeiture, beneficial interests in a large private portfolio, enfranchisement notice issues, boundaries, easements, overage construction, RRA-panic, unpleasant residential tenants, unpleasant residential neighbours and trying to recover his 5k speed (not easy in this weather).
When not taking some time out and enjoying the heat in Athens, Andrew Skelly has been enjoying the heat of the urgent applications court in the Rolls Building. Andrew sought an injunction in a case in which the boundary had been determined in the First-tier Tribunal, but which the defendant refuses to recognise. Whilst initially sceptical about whether it was appropriate to make the application in the High Court, having heard the submissions the Judge was satisfied that it was not unreasonable in the circumstances to issue the claim and bring the application there. A second injunction was sought in relation to trespass and obstructions to a fire escape channel at an industrial development.
Daniel Gatty has also been in Athens, but didn’t see Andrew there, along with some other parts of Greece. When not touring Greece, he has been successfully resisting an application for pre-action disclosure (on a day so hot that the dress code for appearances before the KB Master did not require jackets or ties) and advising or drafting on topics ranging from restrictive covenants to a TOLATA dispute over commercial property between siblings to the appointment of receivers.
Peter Petts has successfully completed two years of litigation over the placement of a dustbin, which included arguments over s. 62(2) of the Law of Property Act 1925; construction of leasehold covenants; implication of terms; easements; trusts of land; trustee powers; s. 14 of the Trusts of Land and the Appointment of Trustees Act 1996; nuisance; trespass; harassment; damages; injunctions; summary judgment, and an appeal. Sneer not, the law of tort is founded on a snail being in the wrong place.
After having two trials settle last-minute, Jamal Demachkie has been re-acquainting himself with dispensing justice… both on some chancery applications in the County Court, and also as an Arbitrator on some knotty forfeiture arguments. He’s also been doing some obligatory paperwork, including advising on an interesting overage dispute and a complex restrictive covenants claim.
David Peachey is gearing up for a two-week fraud trial with his brilliant junior, Byroni Kleopa. With eight witnesses of fact for the other party (including a conveyancer) and thousands of pages of documents, he will be glad of his holiday afterwards. This three-year litigation will be over (except the other party’s outstanding appeal of an interim order to the Court of Appeal – watch this space…)
Lina Mattsson has been up to her (dry) neck in Landlord and Tenant Act 1954 matters — plural — with a side order of water ingress and easements. She is now looking forward to a long holiday of sea swimming with the kids, while the kids are still at an age where playing with mum counts as a treat rather than a hostage situation.
Victoria Dacie-Lombardo has returned from sunny Portugal to an even sunnier London. Before her break she enjoyed a run of successful strike-out applications and since her return she has been back in Court, most recently dealing with the forfeiture of a lease of a pub and related money judgments. Outside court she has been thinking about and advising on the effect of: missing (and possibly deceased) landlords, unusual rentcharges (as if they weren’t unusual enough) and the construction of a licence for alterations in the context of a noise nuisance dispute.
Philip Marriott has been looking at rescinding the sale of land for fraudulent misrepresentation and knotty questions about vesting orders and priorities. He also delivered the PLA’s Renters’ Rights Act training with Priya Gopal and David Lipson on 14 July 2026.
David Lipson has been looking forward to a two-day possession and disrepair trial in mid-July. In terms of papers, he has among other things been drafting pleadings for a service charge dispute, advising on the merits of an application for adverse possession and considering applications for relief from forfeiture. David enjoyed delivering the PLA’s Renters’ Rights Act training with Priya Gopal and Philip Marriott last week.
Imogen Gander has been busy with lots of possession hearings, especially regarding the forfeiture of pub leases (one of which necessitated a very early Monday-morning trip to Huddersfield!). She also recently attended a hotly-contested application hearing concerning the instructions for an expert to determine the correct apportionment of electricity charges between occupants of a mixed-use building.
Mark Erridge has recently obtained a possession order by way of summary judgment at a PTR hearing ahead of a complex intermediate track trial, relief in his client’s favour in a boundary dispute claim and a mandatory injunction to restore his client to commercial premises, as well as advising on the validity of a s.13 rent increase following the implementation of the Renters Rights Act 2025, and drafting a variety of defences and advices in connection with other housing matters.
The Government consultation on TOLATA
The Ministry of Justice’s consultation A Fairer End to Relationships (launched 5 June 2026, closing 14 August 2026) revisits cohabitation law reform in England and Wales. For nearly two decades, the law has been criticised for failing to reflect modern family life, given rising numbers of unmarried couples and persistent misconceptions about “common law” rights.
The proposals link three reform areas: financial remedies on divorce/dissolution; cohabitants’ rights on separation; and cohabitants’ rights on intestacy. For property lawyers, the proposals for rights on separation deserve particular attention.
Article by Carl Brewin.
Change is coming to an (online) County Court (probably not) near you
The County Court is moving further online, but what will the changes mean in practice? This article explores the latest reforms, their potential impact on property litigation and whether the new system will truly improve access to justice.
Article by Adam Smith-Roberts.
Did you miss? Harvey v Heaver [2026] EWHC 1671 (KB), 3 July 2026
In Harvey v Heaver, the High Court provides important guidance on the test for fitness for human habitation, including when a single defect can render an entire property unfit and the limits of “tenant lifestyle” defences.
Written by Lina Mattson.
Contact us
If you would like to discuss any of the topics in this newsletter, please contact the H Team at hteam@gatehouselaw.co.uk or get in touch with one of our Practice Managers.
Patrick Sarson, Senior Practice Manager
Jim Findley, Practice Manager
Samuel Read, Practice Manager
To find our 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 David Peachey. Comments or queries about this newsletter? Please get in touch with him!