Property & Planning
Case Studies

Advising client on the imposition of service charges in new build development.

Drafting trust dissolution agreement for client.

Landlord and Tenant, Property Litigation, Breach of Contract SW, the client, entered into an Assured Shorthold Tenancy with JV, PY and JY in order to set up her business. SW sought the permission of RV, PY and JY to apply to change the use of the property so that she would be able to provide a residential care home to young people. RV agreed to the making of the application. In reliance on this representation, JY expended a great deal of time and approximately £40,000 to make an application. The planning application was granted. At this time, RV sought to alter the terms upon which SW could continue to operate at the property. RV also told SW that he did not have the necessary mortgage for a commercial venture to operate at the property. SW instructed solicitors to prepare a pre-action letter to RV claiming a breach of contract. RV responded, denying that he had ever agreed to the property being used as a commercial venture. After advice from Samuel, he assisted SW with the settlement discussions, which led to her ending her AST without incurring any further legal costs in having to commence proceedings in Court.

Property Litigation, enforcement of judgment debt NEK applied for an order for sale on BRB and ZB’s property for damages she was due from BRB in another matter. ZB sought legal advice and assistance from Samuel as to her property rights. Samuel assisted ZB to prove to NEK the extent of her rights to the property and entered into settlement discussions with NEK’s solicitors to resolve the matter.

Landlord and Tenant, Disrepair The client, JSS Ltd, a care provider to young adults, signed a commercial lease with LML & CF. Prior to the signing, a number of issues with the property were discovered which LML & CF promised to rectify. Based on these assurances, JSS Ltd signed the lease. Following JSS Ltd taking up possession of the premises, further issues were discovered. JSS Ltd repeatedly notified LML & CF of the defects and nothing was done to rectify the issue. JSS Ltd incurred in excess of £15,000 of its own costs in trying to repair the defects as well as loss of business. After consulting Samuel on its rights under the lease and the Housing Disrepair Protocol, JSS successfully terminated the lease without incurring any further losses to date and reserved their position to pursue the other side for associated losses.

Real Property, Landlord and Tenant, Boundary Dispute The client, AM and her partner became assured shorthold tenants of a property in Wimbledon. The AST was for 12 months with no break clause. After moving in, they discovered that the next door neighbour had in March 2019 applied for planning permission to build another floor above their property which would cause a lot of noise and disturbance. The landlord failed to notify AM and her partner of this before they signed the AST. AM consulted Samuel who provided appropriate advice in conference to resolve the matter.

Civil Litigation, Party Wall, Real Property, Injunction The client, ST, is a long lessee of the first floor of a mid-terraced dwelling house. AA is the ground floor lessee. In 2016, AA carried out building works which included works on party wall structures. ST alleged that the works were in breach of AA’s lease covenants and the Party Wall Act 1996. Samuel provides advice to ST on trespass, nuisance, and the Party Wall Act 1996 and drafted pre-action letters to the adjoining owner and freeholder of the property in an attempt to resolve the matter.

Whether a deed of transfer was subject to a constructive trust

Change of use from single dwelling house to house in multiple occupation

Advising a start up television production company with respect to acquisition of leasehold production premises and broadcast studios.

Advising a major West End landlord in respect of a dilapidations claim and the subletting of parts and transfer of obligations under the Law of Property Acts in relation to a West End retail property.

Advice and representation of a property development company in challenging substantial monetary demands by a local authority in connection with Section 106 of the Town & Country Planning Act 1980 in return for granting a planning permission. Secured a 60% reduction in Section 106 contribution amount demanded by the local authority.

Advising a portfolio commercial property investor in respect of the financing, acquisition, leasing, redevelopment and disposal of commercial properties using special purpose vehicles both on and off shore.

Advising and representation of property owners adversely impacted by the Crossrail project for compensation under the Crossrail Act 2008.

Advising a buy-to-let property investor on off-plan acquisition of a residential development property using special purpose vehicles and effective tax-planning methods.

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