“responsive and highly skilled barristers and efficient and helpful clerks” (2016) and “an eminently approachable and flexible set, which provides a consistent high-quality service” (2017)
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’ members are of ‘high quality, both in expertise and discipline’. Members are ‘engaging and friendly, as well as knowledgeable’ in areas of law related to commercial property, real property, residential landlord and tenant, as well as co-ownership and trusts of land.” (2018)
Henderson Chambers have been shortlisted for the Legal 500 UK Real Estate, Environment and Planning Set of the Year Award in both 2017 and 2018.
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 at courts and tribunals of all levels. 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. The team includes arbitrators and mediators, as well as judges sitting part time in the First-tier Tribunal (Property Chamber) and the County Court. 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.
- Real Property, including adverse possession, boundary disputes, easements, development issues, 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 & Tenant, including enfranchisement, dilapidations and disrepair, possession proceedings, and service charge disputes
- Co-ownership and trusts of land
- Statutory noise nuisance under the powers in section 82 of the Environmental Protection Act 1990
Representative casesgrid list
Statutory noise nuisance private prosecution (2018/19)
Successfully defended private landowners in a landmark private prosecution by an aggrieved neighbour under the powers in section 82 of the Environmental Protection Act 1990 that occupied over 4 full weeks of court time. It was alleged that game shooting on the Estate caused a statutory nuisance to the neighbouring property. This high-profile litigation has attracted widespread media attention.
Link to news item here
Dr Duval v 11-13 Randolph Crescent Limited  UKSC 18
Leading Supreme Court authority on the interpretation of leasehold covenants and the management of blocks of flats. Selected by both Estates Gazette and Property Week as one of their Top 10 cases of 2020.
Elu v Floorweald  EWHC 1222 (QB)
A case concerning breaches of a landlord’s repair obligations with an associated appeal alleging that the judgment was procured by fraud. The appeal was successfully struck out as an abuse as the fraud issue had been litigated at trial.
Downes v Downs  EWHC 491 (Ch)
Dispute between two brothers, formerly lifelong business partners, in relation to the beneficial ownership of three residential properties in Lincoln, culminating in a successful week-long trial in the Chancery Division.
Punch Partnership (PTL) Limited and others v The Highwayman Hotel  EWHC 714 (Ch)
Acting for the Office of the Pub Code Adjudicator in an appeal against DPCA’s arbitration award (challenged under section 68 and 69 Arbitration Act 1996) which raised both significant principles of arbitration law and procedure as well as key issues under the Pubs Code, which regulates the relationship between Pub Owning Business landlords and Tied Pub Tenants.
Whitgift One Limited & Whitgift Two Limited v Secretary of State for Communities and Local Government
£5m+ Terminal dilapidations claim concerning landmark commercial premises.
Peter Susman QC
Call: 1966 Silk: 1997
Malcolm Sheehan QC
Call: 1993 Silk: 2015
Adam Heppinstall QC
Call: 1999 Silk: 2021