Kate accepts instructions in all aspects of property litigation and has had experience of disputes concerning the sale of land,
mortgage possession claims, residential and commercial landlord and tenant matters including service charge disputes.
Kate has experience of disputes concerning the sale of land,
mortgage possession claims, residential and commercial landlord and tenant matters including service charge disputes.
In 2012 he undertook a secondment to the Lender Services department of a major national firm of solicitors, during which he assisted in preparing complex
mortgage possession claims for trial.
Recent litigation includes acting for a receiver in a claim to recover possession from trespassers and mortgagors; acting for a claimant in a trial to establish a prescriptive right to park; acting for a former cohabitee in a claim for a beneficial interest of property under TOLATA; acting in a claim for an injunction and damages in respect of trespass and nuisance; acting for a mortgagee in a contested
mortgage possession claim defended on the grounds of undue influence, non est factum and unconscionable bargain; acting for a defendant in a claim for damages for unlawful eviction; and acting for a landlord in a claim for renewal of a business tenancy.
Not exact matches
Possession claims for residential assured shorthold tenancies, business tenancies and
mortgaged properties.
He has experience of banking & financial services disputes of a varied nature, including under LMA facility agreements,
mortgage disputes (including
possession proceedings), prime brokerage, derivatives,
claims in relation to «vishing» scams and for recovery of mistaken bank payments, in the context of both commercial and retail banking.
Edward has wide experience in litigation concerning trusts of land, proprietary estoppel, equitable accounting, conveyancing disputes, boundary disputes, adverse
possession claims, litigation over easements and restrictive covenants, legal and equitable charges and
mortgages, landlord and tenant disputes and
possession actions.
He has experience of advising and representing clients in
claims concerning
possession for rent /
mortgage arrears and other contractual breaches, forfeiture, tenancy deposit schemes, disrepair, trespass, adverse
possession, restrictive covenants, easements, boundaries, and s. 14 of the Trusts of Land and Appointment of Trustees Act 1996.
The quiz was inspired by TSB Bank plc v Botham [1995] EGCS 3, in which the mortgagees in
possession claimed that certain items in the flat they had repossessed were fixtures and as such were covered by their
mortgage and could be sold to the buyer from them.
An increase of private landlords and
mortgage lenders issuing
possession claims on homeowners has prompted the Civil Justice Council to propose tighter regulation.
I specialise in complex residential and commercial
possession claims, property litigation, shortfall
claims and debt recovery on behalf of major lenders and
mortgage providers.
I am a partner and head of the firm's asset recovery litigation and sales teams, specialising in residential and commercial
possession claims, property litigation, shortfall
claims, debt recovery and professional negligence litigation on behalf of major lenders and
mortgage providers.
Tamara has vast experience of all forms of Property law representing landlords and tenants as well as Lenders in proceedings ranging from standard
possession claims to more complex issues of art 8 and unreasonableness, undue influence in
mortgage fraud (Ertridge), Judicial Review and reasonableness of action on the part of social housing authorities, co-habitee and family resulting / constructive Trusts, injunctions and applications under s91 of the LPA 1925 to the High Court for orders for sale in
mortgage possession proceedings.
Within the property field his practice includes restrictive covenants, rights of way and other easements, adverse
possession,
claims involving rectification of the Land Register, co-ownership and trusts,
mortgages, LPA Receivers, commercial tenancies including renewals, residential tenancies and leasehold enfranchisement, construction of covenants, dilapidations, forfeiture and relief.
The mortgagee may issue a Statement of
Claim for judgment under the covenant in the
mortgage and / or an order for
possession of the property;
Every year, more than 220,000
claims are brought for
possession, mostly for rent and
mortgage arrears.