Simon Roberts

Expertise

  • Commercial real estate litigation: including statutory lease renewals and forfeiture proceedings.
  • Private sector residential statutory security of tenure: advising on all litigious aspects.
  • Corporate and individual insolvency proceedings: with regard to landlord and tenant matters.
  • Dilapidations.
  • Enfranchisement litigation in the Courts and Tribunals.
  • Claims for possession of land from trespassers.
  • Litigation with regard to freehold covenants: including applications to discharge or modify such covenants.

Experience

  • Aspinall Finance v Viscount Chelsea (ChD) [1989] 1 EGLR 103: Landlord and Tenant Act 1954 – breaking of the thread of continuity with the regard to business occupation and the transfer of a gaming licence.
  • Sloane Stanley Estate Trustees v Barribal [1994] 2 EGLR 8: Agricultural Holdings Act 1986 – validity of service of non-payment of rent notice and set off against unpaid drainage board rates.
  • The Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon v Mayhew (CA) [1997] 1 EGLR 88: Leasehold Reform Act 1967 – interaction between the Leasehold Reform Act 1967 and the Landlord and Tenant Act 1954 with regard to business tenancies.
  • Loder Dyer v Viscount Chelsea [1997] EGCS 25: Leasehold Reform Act 1967 – failure of evidence in operating the Section 4(1) proviso.
  • The Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon v Secchi & Berman (CA) [1999] 3 EGLR 49: Leasehold Reform, Housing and Urban Development Act 1993 – Notice giving less than 2 months for service of counter-notice and late service on third party to the lease.
  • Dano Ltd v The Earl Cadogan [2003] EWHC 239: Enforcement of freehold restrictive covenants.
  • Norfolk Capital Hotels Ltd v Cadogan Estates Ltd [2004] 32 EGLR 64: Tenant being allowed to withdraw its Landlord and Tenant Act 1927 Notice proposing to carry out improvements.
  • 9 Cornwall Crescent London Ltd v The Royal Borough of Kensington & Chelsea [2005] EWCA Civ 324: Leasehold Reform, Housing and Urban Development Act 1993 – whether the price in a landlord’s counter-notice has to be realistic.
  • Day and Day v Hosebay Ltd [2010] EWCA Civ 748: Leasehold Reform Act 1967 – whether a mansion block of flats is a house reasonably so called. • Henry McHale v The Earl Cadogan [2010] EWCA Civ 1471: Leasehold Reform, Housing and Urban Development Act 1993 – the assumption to be applied in valuing the freehold interest should apply in valuing the tenants’ interest.
  • The Earl Cadogan and Cadogan Estates Ltd v Magnohard Ltd (16.11.11): Leasehold Reform Act 1967 – whether a mansion block of flats is a house reasonably so called.

Career History

  • Qualified: 1985
  • 1983 – to date: Pemberton Greenish

Professional Memberships:

  • The Law Society of England and Wales
  • Property Litigation Association
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