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Residential property

Residential property

Falcon Chambers is the leading set of barristers specialising in all aspects of residential property law.

Members of Chambers advise on and are involved in litigation in courts and tribunals of all levels dealing with residential property issues including:

  • Beneficial interests, co-ownership and trusts of land
  • Boundaries and party wall disputes
  • Building Safety Act 2022 
    • Remediation orders
    • Remediation contribution orders.
    • Landlord and leaseholder certificates 
    • Higher-risk buildings
    • Limits of service charges under Schedule 8 and the rights of recovery of service charges between landlords
  • Enfranchisement
  • Managers, receivers and RTM companies
  • Mixed use buildings
  • Overage and valuation of housing land
  • Regulated mortgage contracts and unfair relationships, and enforcement of mortgages over residential land
  • Residential development
  • Residential occupation: the licence lease distinction including in 
  • Tenants’ rights of first refusal under the Landlord and Tenant Act 1987
  • Service charges and estate rentcharges
  • Statutory security of tenure and possession claims including under the Housing Act 1988, and the Rent Acts 1977
  • Tenancy Deposits under the Housing Act 2004

Members are also expert on advice and litigation in the following issues common to all property law as they arise in the residential context:

  • Adverse possession
  • Assignment of leases and consent
  • Construction of leases and other documents
  • Contracts, options and rights of pre-emption
  • Contractual disputes
  • Conveyancing and land registration
  • Easements and restrictive covenants
  • Finance and insolvency
  • Human Rights
  • Landlord and tenant
  • Licences of land
  • Mortgages, charges, charging orders and subrogation
  • Planning, compulsory purchase and compensation
  • Professional negligence (surveyors, legal professionals etc)
  • Property related torts: nuisance and trespass
  • Proprietary estoppel
  • Quiet enjoyment
  • Rectification of documents and title
  • Repairs, alterations, improvements and the fabric of buildings
  • Rights of light

For recent examples of cases in which members of chambers have been involved see individual CVs here and, our news, our articles and publications


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