Property

“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.

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Expertise

The Property Group covers all areas involving the ownership and use of land, including:

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 and 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 cases

grid 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