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Kevin Pettican

Year of Call: 1994
Email Address: [email protected]
Telephone: 0121 289 4333

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Clerks Details

Property and Estates

Real property disputes form a significant part of Kevin’s practice. Kevin has experience in the following areas:

  • Commercial leases, especially contested lease renewals, forfeiture, arrears of rent and dilapidations claims
  • Residential leases, especially disputes concerning the enforcement of covenants in long leaseholds
  • Claims for specific performance of agreements for the sale and purchase of land
  • Title disputes, including claims based on adverse possession
  • Disputes between co-owners
  • Boundary/neighbour disputes
  • Mortgages and charges

Reported cases

Malik v Malik: a long-running family dispute concerning the disputed ownership of a valuable leasehold flat in Knightsbridge giving rise to some complex issues concerning the application of the law of adverse possession to leasehold property.

Dondore Incorporated v Fetaimia [2018] EWHC 1832 (Ch): Successful defence of a possession claim tried over 5 days in the Chancery Division concerning the ultimate beneficial ownership of a £2.5 million flat in Knightsbridge. The court found that Kevin’s client had entered into an oral agreement with the claimant to purchase the shares in a BVI company that owned the flat, and that the purchase price had been paid to an African company controlled by the claimant.

Ashley Gardens Freeholds Ltd v Landor (2017) Central London County Court: Successful claim for forfeiture of a long residential lease on the grounds that, by using the flat to operate a B&B business, the leaseholder was in breach of a user covenant prohibiting the use of the flat “for any purpose whatsoever other than as a private residential flat in one occupation”. The leaseholder was granted relief on terms that she sold the flat within six months of the judgment to avoid the freeholder obtaining a windfall at her expense. The case received substantial press attention.

King v Robertson [2014] UKPC 34: An appeal to the Privy Council from the courts of St Vincent and the Grenadines concerning adverse possession of land.

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