Property & Chancery
Matthew practices primarily in the fields of property and insolvency.
Matthew’s property practice encompasses real property and landlord and tenant disputes and includes matters of easements, covenants, boundary disputes (including trespass and nuisance) and adverse possession as well as commercial and residential landlord and tenant issues including forfeiture and lease renewals. Along with substantial trial experience, Matthew has experience of interim remedy applications, including those required at very short notice.
Matthew’s real property work includes all aspects of land disputes, including neighbour disputes and Matthew works hard with his clients to utilise Alternative Dispute Resolution options including, in particular, formal mediations, and to avoid litigation progressing to determination at trial wherever possible. Given the nature of this work, Matthew is experienced in acting in matters against litigants in person.
Matthew’s landlord and tenant work includes representing landlords and tenants in commercial disputes and, primarily, landlords in residential disputes. Matthew has experience of acting for breweries in pub-based commercial landlord and tenant matters and acting for banks and building societies in claims involving defaulting mortgagors.
Whilst Matthew regularly appears in the High Court and County Court, he has also experience of appearing before the various specialist tribunals, including the Adjudicator to HM Land Registry and Leasehold Valuation Tribunal, now the First-tier Tribunal (Property Chamber).
Matthew regularly provides seminars and lectures to clients on the various aspects of property law.
Notable cases include:
Williams v Johnson and others  All ER (D) 17 (Jan) – Representing land owners in a six-day trial involving issues of boundary identification, interpretation of restrictive covenants and allegations of flooding, harassment and breach of covenant.
S v W (2016, County Court) – Representing the Defendant vendors in a claim of alleged fraudulent and/or negligent misrepresentation in relation to completion of a Sellers’ Property Information Form prior to the sale of residential property.
B v I (2015, County Court) – Representing the Defendant in proceedings for an anti-social behaviour injunction under the Housing Act 1996.
J v S (2015, County Court) – Representing a tenant company which had entered in to a CVA in a claim for relief from forfeiture.
B v M (2015, County Court) – Representing freehold land owners in a dispute involving the enforceability of an alleged licence granted by a predecessor in title to a leaseholder.
B v P (2015, County Court) – Representing residential landlord in a residential possession claim that progressed to a fully-contested trial on the basis that the occupiers had acquired rights to remain in the property despite, it was alleged, never having been granted a tenancy.
T v S (2014, County Court) – Representing a landlord in a residential possession claim that progressed to a fully-contested trial on the basis of alleged protection arising from the Rent (Agriculture) Act 1976 afforded to the tenant’s father.
B v M (2013, County Court) – Representing a landlord in a commercial landlord and tenant dispute relating to the possible granting of a business tenancy under the Landlord and Tenant Act 1954. The tenant had entered the property prior to final agreement of the tenancy. The matter primarily concerned whether the tenant was in possession of the property under a tenancy at will or a protected business tenancy.
D v E (2011 - 2013, Adjudicator to HM Land Registry and Chancery Division) – Representing respondents in their objection to first registration of unregistered land on the basis of adverse possession. The matter involved an appeal in the Chancery Division on the basis of new evidence and a partial re-trial before the Adjudicator.
K v M & F (2012, County Court) – Representing a landlord of social housing in a matter involving an anti-social behaviour injunction under the Housing Act 1996 and contempt of court proceedings for breaches of the injunction.
Taafe v Acanthus Golf Ltd (2012, Chancery Division) – Representing a golf club in an interim injunction application in relation to a nuisance claim. The Claimants alleged that a nuisance was being caused by golfers at the Golf Club striking golf balls on to their land.
B v C (2011, Chancery Division) - (Initially, ex parte) application for an interim injunction against neighbouring land owner given alleged failure to comply with the provisions of the Party Wall etc Act 1996.