Housing Finance Snapshot #13 July 2024
17/07/2024
A regular newsletter providing a snapshot of finance and property security updates and opinion for those based within the...
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I am a property litigation partner and I head up the firm's Housing and Property Dispute Resolution team. I deal with all types of residential and commercial property issues and act primarily for local authorities and NHS bodies across the country, as well as a number of registered providers of social housing. I have particular expertise in dealing with the removal of telecommunications operators from land, dilapidations disputes, Landlord and Tenant Act 1954 claims, rights of light, the exercise of break clauses to terminate commercial leases and residential leasehold management issues (including statutory leaseholder consultation). I take a pragmatic and commercial approach to dispute resolution and have successfully resolved cases through litigation, expert determination, mediation and arbitration.
Much of my work constitutes risk management advice, whereby I help clients manage issues early to stop them turning into disputes. Where a dispute has arisen, however, I take a robust and commercial approach to the dispute resolution process and am experienced in resolving disputes via litigation, arbitration, expert determination, mediation and in the various property tribunals.
Steven is always thoughtful, insightful and measured in his response to matters. He has the needs of the client at heart and will always offer pragmatic solutions.
Seminars and Training
I deliver bespoke training to clients on housing and property-related issues. I also speak regularly at key sector events and recent examples include the Resolve ASB national conference, the NHS Property Conference, CLT seminars and webinars as well as RICS events and other seminars targeted at surveyors.
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- London Borough of Brent v (1) Leonard Johnson (2) SCT (HPCC) Ltd [2020] EWHC 933 – interim decision clarifying the law on whether Her Majesty’s Attorney General must be a party to proceedings regarding whether a charitable trust exists.
- London Borough of Brent v (1) Leonard Johnson (2) SCT (HPCC) Ltd (3) Her Majesty’s Attorney General [2020] EWHC 2526 (Ch) – acting for Brent and securing decision at trial that Bridge Park Community Leisure Centre was owned outright by Brent and not subject to any private or charitable trust
- London Borough of Brent v (1) Leonard Johnson (2) SCT (HPCC) Ltd (3) Her Majesty’s Attorney General [2022] EWCA Civ 28 – acting for Brent in the Court of Appeal and defeating two appeals which sought and failed to overturn the High Court’s decision that no private or charitable trust exists over Bridge Park Community Leisure Centre
- Valley View & Others v NHS Property Services Ltd [2020] EWHC 3395 (Ch) – acting for NHS Property Services and successfully defending the Claimants’ interim application for declarations. The decision clarified the law on when the courts will be willing to grant negative declarations.
- Barnsley MBC v Hadfield [2018] EWHC 866 (QB) – acting for the Council to obtain an interim and final High Court injunction to restrain breaches of a TPO that protected woodland. The decision created new legal precedent on the interpretation and procedure for enforcement of TPO infringements.
- Laindon Holdings Ltd v South Essex Partnership NHS Foundation Trust [2016] EWCA Civ 377 (Court of Appeal) – this case made a new law regarding the loss of rent, and fixture and fitting issues following dilapidations and the expiry of a lease.
- Levett-Dunn and Others v NHS Property Services Ltd [2016] EWHC 943 (Ch)– this case developed a new law regarding the correct address for the service of break-clause notices in commercial leases.
Steve Eccles is particularly helpful and experienced. His advice is very practical and sensible. His knowledge of the law is exceptional and has a skill of breaking it down so that it is easy to understand.
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In-house Insights: Property Disputes
14/03/2024
The Key Reforms of the Social Housing (Regulation) Act 2023 - Focus on...
24/10/2023
Social Housing Regulation Act - Digest 5
The Key Reforms of the Social Housing (Regulation) Act 2023 - Tenancy...
18/10/2023
Social Housing Regulation Act - Digest 2
Spotlight on: Supported and Temporary Accommodation
01/06/2023
The Renters (Reform) Bill – Spotlight Series
Building Safety Act - are you ready?
03/05/2023
Housing Management Update
18/04/2023
HE spring webinar series: New obligations for building and fire safety...
15/03/2023
Key challenges for the higher education sector in 2023
The Building Safety Act 2022 in action
13/10/2022
The Government bares its teeth by using its new enforcement powers against a building owner to ensure remediation works are...
Building Safety Act 2022 Published
09/06/2022
Property Focus May
06/05/2021
How “vacant” is vacant possession? The dangers of stripping out too much!
The wait goes on: Possession proceedings stayed until 20th September...
01/09/2020
Where does this leave landlords?
COVID-19 Housing Resources
09/04/2020
Keeping the Housing sector informed with guidance and support during the COVID-19 emergency
Valid or not valid? Can mistakes in a Notice of Seeking Possession...
09/03/2020
Pease v Carter [2020]
Section 20 service charge consultation
11/06/2018
Section 20 service charge consultation: is it ever necessary to re-consult, and if so, when? (Reedbase v Fattal [2018])
Housing Management Newsflash – New Court Of Appeal Guidance On The...
05/12/2017
Southern Housing Group V Ahern
New form of notice of seeking possession to be used from 1 December...
30/11/2016
Updated form for all landlords
Important new law on issuing warrants for possession
26/10/2016
Cardiff County Council v Lee (Flowers)
Housing: new law on dealing with sub-tenants when undertaking Section...
31/08/2016
Section 20 of the Landlord and Tenant Act 1985 is a potential hazard for landlords of residential developments
Making offers in dilapidations claims - the importance of being early
05/05/2016
On expiry of a commercial lease, a well-pitched Part 36 offer made at an early stage will give the tenant substantial costs...
Practical tips for landowners who have a mast on their building or...
25/04/2016
Partner Steven Eccles and his team are regularly instructed by clients to remove telecoms masts from land or buildings, in...
Housing alert: introduction of new forms on 6 April 2016 and higher...
31/03/2016
This month has seen a number of significant changes to social housing litigation introduced by the Government. These changes see...
Supreme Court Decision released on 2 December 2015
03/12/2015
Can a tenant recover rent paid in advance relating to a period after a break date?
Residential service charge recovery – some welcome news for landlords!
14/08/2015
In these challenging economic times, the Upper Tribunal and the Court of Appeal have made some new law which will, in different...
New Anti-Social Behaviour Injunctions finally arrive
23/03/2015
After a number of false starts, Part 1 of the Anti-Social Behaviour, Crime and Policing Act 2014, finally comes into force today....
Rights of Light reform: Law Commission report and draft bill published
05/12/2014
Having digested the results of its recent consultation, the Law Commission has today published its Report on its proposed reforms...
New Anti-social Behaviour legislation - Home Office guidance for...
23/07/2014
New Anti-social Behaviour legislation - Home Office guidance for frontline professionals issued
Commercial Rent Arrears Recovery: A Briefing Note on the Changes to...
24/04/2014
Commercial Rent Arrears Recovery: A Briefing Note on the Changes to the Law
New criminal offence of squatting in a residential building – what...
04/09/2012
With effect from 1 September, a new criminal offence of squatting in a residential building comes on to the statute book under...
Telecoms masts - legal issues for NHS landowners
31/05/2012
The presence of telecommunications apparatus can be a major obstacle to a landowner’s ability to dispose of or redevelop its land....
Gypsy and traveller sites – new statutory duties for local authorities...
16/05/2011
With effect from 30 April 2011, new laws came into force which will change the legal relationship between local authorities and...
Section 20 leaseholder consultation - not to be overlooked in the...
11/04/2011
Financial pressures are causing authorities across the country to review the way they procure and deliver repairs and maintenance...
Trespassers: How to Recover Possession Effectively
20/04/2010
As the weather improves, unlawful squatting on private land typically becomes more of a problem for landowners, their agents and...
Goldacre v Nortel - welcome clarity on when administrators must pay...
27/01/2010
Goldacre v. Nortel - welcome clarity on when administrators must pay rent for use of premisesThe recent High Court case of...
Steven Eccles is a class act and must now be regarded as one of the leaders in this field. He is particularly knowledgeable in 1954 Act matters – where he really knows his onions.