Landlord & tenant, property & general chancery

Josephine Hayes is experienced in advising on trusts, pensions, probate, wills and succession and administration of estates. She also undertakes drafting and represents clients in courts and tribunals. Josephine Hayes is experienced in the work of the Chancery Division generally, including company law, partnerships, bankruptcy, insolvency and professional negligence relating to chancery subject-matter.

Claire Andrews sits on the regulatory panel of the Association of Residential Managing Agents and is a tenancy deposit dispute adjudicator. She has acted in many landlord and tenant cases.

Members also advise in relation to disputes over land, especially if mortgage related.

Josephine Hayes and Julian Gun Cuninghame are co-authors of Atkins’ Court Forms on Landlord and Tenant, and Claire Andrews has also been a contributing author.

Reported cases in which members of chambers have been involved include:

  • Santander UK plc v Harrison [2013] EWHC 199 (QB): capitalisation of mortgage arrears not credit in the form of a cash loan;
  • Swift 1st Ltd v Colin [2011] EWHC 2410 (Ch); [2012] Ch. 206; [2012] 2 W.L.R. 186. the Land Registrar had refused to register a transfer of registered land; this decision clarifies the power of an equitable chargee by deed to sell and transfer the land charged under the Law of Property Act 1925;
  • Polarpark Enterprises Inc v Allason [2007] EWHC 1088 (Ch); [2007] 33 EG 92, [2007] 2 EGLR 85, [2007] WTLR 1829, [2008] 1 P&CR 4 and (2008) L&TR 6: Revocation of a High Court order enforcing possession against an occupant under a terminated licence because the High Court had no enforcement jurisdiction, s 3(1) of the Protection from Eviction Act 1977;
  • Wragg and others v. Surrey County Council (2008) NPC 12 : (2008) HLR 30 : Times, March 19, 2008;
  • Copping v. Surrey County Council (2006) HLR 16 : (2006) 10 EG 156