Property

Henderson Chambers’ property team offers strength in depth across the full spectrum of real estate litigation.

The Legal 500 praises the property litigation team, noting that Henderson Chambers “always has a suitable barrister for the case at hand, and the clerks are courteous and efficient” (2015) and offers ““responsive and highly skilled barristers and efficient and helpful clerks” (2016). It notes that members “have specialist expertise in Party Wall Act claims, care homes matters and housing stock transfers”. The directories recommend a number of leading individuals for their property work, praising Malcolm Sheehan QC as “a brilliant technical lawyer and a superb advocate” (Legal 500 2016), Jonathan Steinert as providing “robust and decisive advice” (Chambers & Partners 2016) and having “clients and the opposition eating out of the palm of his hand” (Legal 500 2016) and Lucy McCormick as “Client-friendly, very astute and quick at turning around difficult material” (Legal 500 2016).

Henderson Chambers were shortlisted for the Legal 500 UK 2017 Real Estate, Environment and Planning Set of the Year Award.

The Property Group covers the following areas:

  • Real Property, including adverse possession, boundary disputes, easements, land registration and conveyancing disputes, mortgages, options and rights of pre-emption and restrictive covenants.
  • Commercial Property, including break clauses, consents, dilapidations, forfeiture, renewals, and rent reviews.
  • Residential Landlord and Tenant, including enfranchisement, dilapidations and disrepair, possession proceedings, and service charge disputes.
  • Co-ownership and trusts of land.

Members of chambers are currently advising or acting in:

  • A multi-million pound dispute in relation to a trophy Notting Hill hotel;
  • A restrictive covenants issue in a £100m flagship development;
  • Landlord and Tenant issues arising in relation to the HS2 compulsory purchase;
  • A substantial dispute as to enforcement of ‘exit fees’ on sale of dwellings within an exclusive retirement village;
  • Long-running sets of possession actions against boats and owners squatting against Council land on River Thames;
  • A dispute concerning access to a  telecoms tower which is key to the forthcoming 4G ‘Emergency Services Network’;

A particular strength is the team’s ability to use well-known expertise in related areas such as environmental law, property damage, procurement and finance to offer clients comprehensive, multi-specialism property expertise.

Members appear in property matters before the Supreme Court, the Court of Appeal, the High Court and the County Courts, as well as before the First Tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber). In addition to litigation, the team is regularly instructed to advise and draft in connection with non-contentious and transactional work. Members are also often instructed as part of a team for ADR, including arbitration, mediation and early neutral evaluations.

Indeed, Henderson Chambers includes arbitrators and mediators as well as judges sitting part time in the First-tier Tribunal (Property Chamber). The team as a whole benefits greatly from this insight.

Henderson Chambers’ client base is diverse, including national and local government, property developers, insurers, commercial landlords, estates, social landlords and private individuals. A number of members accept instructions on a public access basis.

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