Ben regularly acts in residential and commercial landlord and tenant cases including assured, secured, non-secured and common law tenancies, involving issues such as validity of notices, compliance with prescribed requirements, deposit protection, disrepair and dilapidations and leasehold disputes (including in the First-Tier Tribunal) such as reasonableness of service charges, breach and extension of lease and forfeiture and waiver. Ben is also experienced in mortgage possession cases and applications for charging orders and orders for sale.
In addition Ben has acted in a number of neighbour disputes in the county court and First-Tier Tribunal involving trespass, nuisance, disputed boundaries, adverse possession, covenants and easements and land registration.
Ben also advises and acts on appeals under the Party Wall etc. Act 1996 and is regularly instructed to recover surveyors’ fees in the Magistrates’ Court and the County Court. Ben also has experience in dealing with TOLATA matters.
Ben is a member of the Property Bar Association (PBA).
Examples of recent work
- Ben successfully acted on a direct access basis for the applicant in a boundary dispute in the Property Chamber of the First-Tier Tribunal and then successfully represented the same client on appeal in the Upper Tribunal.
- Ben successfully represented the claimant and obtained declaratory relief in a fractious neighbour dispute in the county court.
- Ben obtained judgment and costs for the claimant in a long-running service charge dispute in the county court.
- Ben acted for the defendants in a complex party wall appeal in the TCC division.