Residential property. Case histories. Dewar Hogan

RESIDENTIAL PROPERTY CASE HISTORIES

RESIDENTIAL PROPERTY CASE HISTORIES

 

Dispute between a flat owner and a restaurant

The client brought proceedings for an injunction against a neighbouring restaurant to restrain nuisance by smell. The nuisance has now ceased and the bulk of the client’s costs have been recovered from the restaurant.

Obtaining damages for unlawful eviction

We have obtained damages for a number of clients who have been unlawfully evicted by residential landlords, including in each case obtaining charging orders over the landlord’s property and in one case actually selling the property from which the clients had been unlawfully evicted.

Obtaining damages for professional negligence in enfranchisement/right to buy cases

We have obtained damages for a number of clients from solicitors or other advisers for failing to manage correctly the procedures under the legislation entitling residential and/or council tenants to purchase their freeholds collectively or individually and/or extend their leases.

Dispute between a vendor and purchaser of residential property

Representing a vendor who had sold his property some years before. The purchaser alleged misrepresentation. He claimed that notification from the local authority about a proposed extension to a nearby aerodrome had not been revealed at the time of pre-contract enquiries. The claim settled shortly before trial.

R (on the application of Morris) v London Rent Assessment Committee*

Representing a tenant, Mr Morris. A number of issues raised, including the validity of notices and the jurisdiction of the rent assessment committee.1

Dispute over a participation agreement

Representing lessees of a residential block (the defendants) in a collective enfranchisement case. The main issue concerned whether the claimant should be excluded from participating in the acquisition of the freehold because of his failure to produce his share of the acquisition costs. It was also in issue whether he should be entitled to relief once he produced the money late. The claim was dismissed.

Ibrahim and Platzman and ors*

Representing the long lessee of a residential flat who was in dispute with a neighbour and the lessor about the responsibility for the repair of her roof terrace. Judgment for lessee at first instance and upheld on appeal. 2

Romines ats Wellcome Trust Limited*

Representing long lessee in leasehold enfranchisement case over the jurisdiction of the Lands Tribunal on appeal and other issues, including the effect of a sealed offer.3

Langevad and McAully v Chiswick Quay Freeholds Limited*

Representing the lessees in a leasehold enfranchisement case. The issue was whether covenants which prevented building and development amounted to restrictive covenants against use which were permitted under the Leasehold Reform Act 1967. The lessees lost in the Court of Appeal.4

  References

1 R v London Rent Assessment Committee, ex parte David Morris (2002) CA
2 Dr A T Ibrahim v (1) Dovecorn Reversions Ltd (2) Maxine Platzman (3) Mark Houghton-Berry (2001) Ch.D
3 Welcome Trust Ltd v (1) Joel Clay Romines (2)Patricia Bowe Romines (2000) Lands Tribunal
4 (1) Gerald McAully (2) Monique Renee McAully (Applicants) v Chiswick Quay Freeholds Ltd (Respondents): ( 1)   Brett Langevad (2)Mary Louise Manuela Langevad (Applicants) v Chiswick Quay Freeholds Ltd (1998) CA