Deputy District Judge
Simon’s extensive spans the connected areas of business, and commercial and residential property, especially focussing on Landlord and Tenant matters. In particular, he is able to bring his expertise in Anti-Social Behaviour cases to bear on neighbour disputes and breach of covenant claims.
Areas of Expertise
- Landlord and Tenant
- Business tenancies
- Leases
- Forfeiture and relief
- Agricultural tenancies
- Neighbour disputes
Reported Cases
- UK Housing Alliance v Francis [2010] HLR 28, CA: concerning the enforceability of contractual terms in sale and rent-back agreements under the Unfair Terms in Consumer Contracts Regulations 1999; and whether a final payment payable on completion of the tenancy amounted to a tenancy deposit under the Housing Act 2004.
- Clark v Lifespan Collective [2009] EWHC Ch: determining who, as between one former member and 22 current members, was entitled to ownership of a communal rural housing co-operative's land and homes, where the former member wished to sell the land for development and the current members wished to remain.
Notable Cases
- Darlington BC v Advocacy in Darlington [2008] County Court: much-publicised possession claim against a charity, where the occupiers' status was at issue.
- Representing Local Authorities in Highways Act claims against unlawful traders.
- Representing a commercial leaseholder in an unlawful eviction claim.
- Advising a learning disability charity on the lawfulness of a planned residential development.
- Representing long leaseholders in claims to enforce a covenant against another leaseholder in a residential letting scheme; and to forfeit a criss-cross lease for breach of covenants.
- Advising and representing rural landowners in disputes over whether grazing rights amounted to a tenancy; and on the type of agricultural tenancy held by the occupiers of a farmhouse.
- Defending a landlord against a claim of racial discrimination brought by its tenant.
- Representing a claimant, seeking a declaration of ownership of a family property by way of proprietary estoppel, at a 3 day trial in the High Court.
- Advising and representing business tenants in substantial end-of-term dilapidations claims.
- Advising and representing a residential tenant in a case concerning the validity of a rent review clause.
- Advising a housing co-operative on the procedure to remove membership from, and evict a member.
