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Property and Leasehold Enfranchisement Law

Matthew has a busy property practice with a particular focus on leasehold extensions and enfranchisement and regularly appears in the county court and First Tier Residential Property Tribunal.

Before joining Landmark Matthew acted as a duty advisor in residential possession claims at Willesden County Court. During pupillage he also gained experience of a wide range of other property matters including restrictive covenants, boundary disputes, landlord and tenant claims (both residential and commercial), forfeiture actions, village greens, and a variety of issues in leasehold enfranchisement and property valuation.

Matthew regularly appears in the county courts on a wide range of possession and 1954 Act matters, including a claims against trespassers and forfeiture proceedings. He has sought and obtained vesting orders under Part III of the 1987 Act and under s.44 of the Trustee Act 1925. He also has experience of dealing with bankruptcy applications, and with applications for charging orders and orders for the sale of a property.

Recent appearances have included:

  • Y Crwys Village Green Inquiry: appeared for landowner responding to village green application in the centre of Y Crwys village. 
  • Larwood v Kinnish (B00SS482): appeared for claimant seeking possession of land and facing a counterclaim for adverse possession.
  • Appearances in the county court in full trials relating to boundary disputes, possession, rights of way, the existence of agricultural tenancies and harassments claims.
  • Appearances in the First Tier Tribunal (Residential Tribunal) in relation to a contested application for a declaration of breach of covenant.

Matthew’s advisory and drafting work has raised issues across property law including forfeiture, mortgages, party wall/boundary issues, property injunctions, severance, land registration, and the enforceability of section 106 agreements.

He frequently gives talks and seminars and is currently organising (with Matthew Fraser) a Landmark Chambers five-part series covering the "Nuts and Bolts of Property Law".

Leasehold Enfranchisement

Prior to starting practice, Matthew was a pupil to Tom Jefferies and worked on a number of leasehold enfranchisement matters including a contested valuation hearing of a high value house in Mayfair, a complex enfranchisement of blocks of flats in West Kensington, and a restrictive covenant dispute in Westminster.

Recent enfranchisement and leasehold extension work includes successful appearances in the FTT in a variety of 1993 Act claims (relating to lease terms, purchase price and other issues), and in the county court in relation to a contested notice of claim under the 1967 Act. His advisory work often involves reviewing notices and helping to untangle the knotty procedural traps which the legislation specializes in. In this context, he often works with both solicitors and valuers.

Matthew is instructed regularly in relation to all areas of leasehold enfranchisement law and strategy and assist with drafting, advisory work and with advocacy in the Tribunal. He has recently given a talk in chambers on the validity of notices and wider questions of strategy and procedure under Part 1 of the 1993 Act. Notable recent work includes:

  • Multiple appearances in the Residential Property Tribunal for tenants seeking determination of the price to be paid for the freehold under the 1993 Act. A recent example was Perrott (and Ors) v Perry in which he successfully cross examined the respondent’s valuer, obtaining an acceptance that his client’s valuer had given a more useful valuation of the premium.
  • Advising clients in the context of a county court challenge to the validity of a tenants’ notice under the 1967 Act on the question of whether a property was a house reasonably so called.
  • Advising clients in relation to the time limits applicable under the 1993 and 1967 Acts.
  • Appearing in the Residential Property Tribunal for tenants seeking determination of the terms of a new lease to be granted under s.42 of the 1993 Act.

He is a member of the Property Bar Association.