Case Studies

Please browse the following Case Studies for further information on the type of property law cases that Naveen undertakes:

Commercial Mediation

Proposed court claim for dilapidations and rent arrears (circa £63,000) following the tenant exercising a ‘break right’ within a lease. Formal mediation arranged to attempt to agree terms of settlement in relation to the outstanding sums.

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Key Facts

 

  • Landlord wanted rent arrears paid together with dilapidations as per its surveyors report.

  • Tenant asserted that it had validly exercised the break clause and thus no on-going rent liability

  • Tenant also questioned any breach of the repairing obligations

Outcome

 

  • Tenant agreed a settlement sum to pay the Landlord within a short timeframe

  • Landlord was able to re-let the unit quickly as a result without impacting on cashflow

  • Tenant was pleased that court action was avoided with no adverse impact on its credit rating

 

Residential

Rent not paid for 8 months (£7,600) and tenant refusing to communicate with landlord having changed the locks. Landlord purchased the property as an investment and is pregnant, expecting her first child. A deposit was taken at the inception of the tenancy but hasn’t been protected by the agent.

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Key Facts

 

  • Landlord needed the tenant out of the property as with no rent being paid this was severely impacting on her personal finances;

  • Landlord feared losing her own home as she was paying for two mortgages

  • Landlord needed to take time off work from with stress due to the situation.

Outcome

 

  • Injunction obtained to immediately access the property, inspect it and get the locks changed

  • Statutory Notices served after resolving the deposit protection issue.

  • Court possession order with judgement for arrears obtained. Tenant pursued with an attachment of earnings order as he was in full time employment

  • Landlord could focus on her work and family without financial worries having re-let the property

Social Housing

Housing Association had taken tenant to court on numerous occasions. He counter-claimed for disrepair. A suspended possession order was granted but had lapsed. The tenant had been temporarily moved whilst repairs were undertaken to his home. He was accused of making false claims for expenses. The tenant claimed that his personal property had gone missing during the works. This situation had prevailed for two years. The tenant claimed that the disrepair had returned and he demanded a move away into a new property.

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Key Facts

 

  • Landlord’s staff reported feeling harassed and intimidated by the tenant due to his abusive demands for immediate assistance

  • Different departments and numerous members of staff being utilised to manage the tenant

  • Tens of thousands of pounds had been spent on the legal bill with no satisfactory resolution

  • Tenant was threatening to take his story to the press and involve his local MP

Outcome

 

  • Parties (including members of staff) engaged in a mediation process where all issues were aired and understood

  • A written agreement was entered into whereby the tenant would bring matters to the attention of the landlord in a specific way and without involving numerous departments and personnel

  • Landlord closed the tap on legal bills with no need to return to court

  • A more positive landlord and tenant relationship moving forward

 

 

 

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