Barrister Profile  

Stuart joined Arden Chambers in 2011. He specialises in landlord and tenant matters (both residential and commercial) and other property matters. He regularly appears in the First-tier Tribunal as well as the civil courts and clients include private individuals, companies and local authorities.

His landlord and tenant practice includes matters such as service charge disputes, dilapidation claims, forfeiture proceedings and renewal of business tenancies. His property work includes matters such as adverse possession, boundary disputes and trusts of land.

Stuart accepts Public Access work and is a trained mediator. He has also been instructed as an expert in the construction of legal documents.

He regularly gives seminars and contributes towards the Westlaw “Insight” service as part of Arden Chambers’ writing team (writing the sections on forfeiture of long leases, the lease/licence distinction and Rent Act tenancies).

He is a member of the Property Bar Association.

Landlord and Tenant

Stuart has considerable experience in relation to both residential and commercial property disputes. The type of cases he has experience of include: service charge disputes; applications for determination of breach under s.168(4) of the Commonhold and Leasehold Reform Act 2002; forfeiture proceedings; other possession claims; claim for injunctions or damages based on breach of covenant; dilapidation claims; leasehold enfranchisement; renewal of business tenancies; and right to manage cases.

F-tT (Property Chamber)

Leasehold Disputes

Stuart regularly appears before the First-tier Tribunal on matters such as service charge disputes; applications for dispensation with statutory consultation requirements (under the Landlord and Tenant Act 1985); applications for determination of breach under s.168(4) of the Commonhold and Leasehold Reform Act 2002; applications for extended leases or collective enfranchisement under the Leasehold Reform Housing and Urban Development Act 1993; and right to manage cases.

Property

Stuart has experience of a range of real property issues. These include claims for adverse possession; boundary disputes; trespass claims; mortgage possession proceedings; issues arising in relation to trusts and beneficial interests in land; and issues relating to contracts for sale of land.

Mediation

Stuart is trained as a mediator having also regularly represented clients in mediations, almost all of which have been successful. He is therefore fully aware of the many advantages of mediation and believes it can be lead to settlement in the vast majority of cases. He has seen first-hand how cases which had previously appeared incapable of settlement can be successfully mediated.

Public Access

The main advantage of the Public Access scheme is that in certain circumstances it is now possible for barristers to accept work directly from members of the public, organisations and commercial companies without incurring the additional expense of a solicitor. Using a barrister directly will save a significant amount of money, and you can instruct a specialist barrister. This whole process is not only cost effective but quite often quicker.

Housing

Maunder Taylor v SHG-SH20 (2013) – Managers appointed by the First-tier Tribunal pursuant to s.24 Landlord and Tenant Act 1987 brought proceedings against the respondent landlord in the county court (pursuant to s.176C Commonhold and Leasehold Reform Act 2002). The managers sought an order requiring the landlord to do various things (previously directed by the tribunal) by specified dates with a penal notice attached (so as to able to commit in the event of default). HHJ Walden Smith dismissed the application, holding that the managers must apply to the Tribunal for a penal notice, not the county court

Swan v Gill [2012] EWHC 3129 (QB); [2013] 1 WLR 1253 – The High Court held that, following the Land Registration Act 2002, it is not for the courts to determine issues of adverse possession of registered land. The only exception is where adverse possession is raised as a defence to a possession claim (s.98). The landlord sought an injunction against a tenant to remove structures encroaching on neighbours’ land. The tenant alleged adverse possession and applied to register title in the Land Registry. The court proceedings should have been adjourned to allow that application to be determined

Duffy v Musgrave (2008) CC – Case dealing with the interpretation and extent of seller’s obligations under Sellers’ Property Information Form. Serious allegations of nuisance which had previously occurred but had ceased prior to sale was not disclosed. Stuart acted for the vendor who was found not to have committed a misrepresentation

Croydon Unique Ltd  v Wright [2001] Ch 318, CA – The Court of Appeal gave guidance as to the rights of equitable chargees to apply for relief from forfeiture of a lease in a case which fell within s.138 County Courts Act 1984. It was held that an equitable chargee under a charging order did have a right to apply for relief under that section

Author/co-author/contributor

Stuart contributes to Westlaw Insight as part of Arden Chambers’ writing team. He writes the sections on forfeiture of long leases, the lease/licence distinction and Rent Act tenancies

Property Bar Association