David Peachey

Barrister, Gatehouse Chambers

David is a property barrister with a background in insolvency and commercial dispute resolution. His practice covers all areas of real estate and landlord and tenant work, and also includes commercial and insolvency disputes with a real estate or trusts element.

Contributed to

7

A freeholder wishes to dispose of the freehold of a block of flats. The freeholder is not the immediate landlord in relation to the flats. However, some of the flat owners have completed lease extensions under the LRHUDA 1993 where the freeholder was required to be the competent landlord for the purposes of the grant of the new lease (with there being a deemed surrender and re-grant of the intermediate headlease). Does a sale of the freehold still sit outside Part I of the Landlord and Tenant Act 1987?

A freeholder wishes to dispose of the freehold of a block of flats. The freeholder is not the immediate landlord in relation to the flats. However, some of the flat owners have completed lease extensions under the LRHUDA 1993 where the freeholder was required to be the competent landlord for the purposes of the grant of the new lease (with there being a deemed surrender and re-grant of the intermediate headlease). Does a sale of the freehold still sit outside Part I of the Landlord and Tenant Act 1987?

Q&As

A healthcare company intends to rent a residential property for permitted officers or employees to occupy, on a weekly rota basis. However, an individual who is neither an officer nor an employee of the company (but is a person who will be cared for by the officers or employees) will live at the property, together with the officers or employees who are ‘on duty’. What will be the status of the individual occupier and the employees or officers if the (non-AST) tenancy agreement is terminated?

A healthcare company intends to rent a residential property for permitted officers or employees to occupy, on a weekly rota basis. However, an individual who is neither an officer nor an employee of the company (but is a person who will be cared for by the officers or employees) will live at the property, together with the officers or employees who are ‘on duty’. What will be the status of the individual occupier and the employees or officers if the (non-AST) tenancy agreement is terminated?

Q&As

Property Disputes

A husband and wife have served notice of an enfranchisement claim, under the Leasehold Reform Act 1967, and have been served with a counter-notice. If they divorce, would the claim need to be assigned or any action need to be taken in respect of the claim when the property is transferred?

A husband and wife have served notice of an enfranchisement claim, under the Leasehold Reform Act 1967, and have been served with a counter-notice. If they divorce, would the claim need to be assigned or any action need to be taken in respect of the claim when the property is transferred?

Q&As

Does CPR PD 51ZA, which provides for parties to agree an extension of time for 56 days, apply to agreements to extend time for service of the defence? The practice direction does not make any reference to CPR 15.5.

Does CPR PD 51ZA, which provides for parties to agree an extension of time for 56 days, apply to agreements to extend time for service of the defence? The practice direction does not make any reference to CPR 15.5.

Q&As

Dispute Resolution

I am making an application which needs to be made promptly under the CPR rules. What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

I am making an application which needs to be made promptly under the CPR rules. What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

Q&As

Dispute Resolution

If a wayleave is granted subject to a condition that the work be completed within six months, who could enforce that condition and how would they do so?

If a wayleave is granted subject to a condition that the work be completed within six months, who could enforce that condition and how would they do so?

Q&As

Property Disputes

While a business tenancy continues under section 24 of the Landlord and Tenant Act 1954, in circumstances in which the parties have not agreed an interim rent, and no application has been issued, does this mean that no rent is contractually payable pending an application/agreement or does the obligation to pay rent continue under the original lease?

While a business tenancy continues under section 24 of the Landlord and Tenant Act 1954, in circumstances in which the parties have not agreed an interim rent, and no application has been issued, does this mean that no rent is contractually payable pending an application/agreement or does the obligation to pay rent continue under the original lease?

Q&As

Property Disputes

Practice Areas

Panel

Q&A Panel

Qualified Year

2007

Membership

Property Bar Association
Chancery Bar Association
Agricultural Lawyers Association

Education

Warwick BSc (Hons)
GDL

Lexis+

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