Ben regularly acts for landlords in residential and commercial landlord and tenant cases including assured, secured, non-secured, regulated and non-regulated tenancies, involving issues such as validity and service of notices, compliance with prescribed requirements, deposit protection, disrepair and dilapidations and leasehold disputes (including in the First-Tier Tribunal) involving reasonableness of service charges, breach and extension of lease and forfeiture and waiver. Ben is also experiences in mortgage possession cases and urgent trespass cases (including in the High Court).
In addition Ben regularly acts in 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 for the applicant in a boundary dispute in the Property Chamber of the First-Tier Tribunal via the direct access scheme and then successfully represented the same client on appeal in the Upper Tribunal.
- Ben acted for executors of an estate in TOLATA proceedings and successfully obtained an order for sale.
- Ben drafted pleadings in a high value mortgage possession claim.
- Ben advised on a neighbour dispute involving breach of covenant, easements, trespass and nuisance via the public access scheme.
- Ben drafted pleadings on a neighbour dispute involving trespass, nuisance, return of deposit, unjust enrichment and proprietary estoppel/constructive trust.
- Ben successfully represented the claimant and obtained declaratory relief in a fractious neighbour dispute via the public access scheme.
- Ben advised on a disrepair claim and drafted pleadings.
- Ben obtained judgment and costs in a long-running service charge dispute.
- Ben acted for the landlord in a case involving a service charge dispute and appointment of a manager.
- Ben advised on a hoarding dispute and represented the landlord in a mediation.
- Ben acted in a complex party wall appeal in the TCC division.
- Ben obtained possession for a commercial landlord in contested forfeiture proceedings.