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Without notice exclusion order obtained
Urgent instructions were received from a client to confirm that a tenant with mental health difficulties had made threats and harassed a young family living next door to him. The following afternoon, being a Friday, an ex parte Exclusion Order was obtained in front of a Circuit Judge at Watford County Court, excluding the tenant from the property, provided accommodation could be obtained by Social Services. The following Tuesday the application continued on notice, when the Exclusion Order was confirmed for a period of 12 months. An outright Possession Order was obtained within one month from the date of Hearing.
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Possession on grounds of fraud against housing association
A Housing Association sought possession proceedings against a tenant who had lied on her application form. This was an extremely rare and complex case in which the Applicant had conspired with a Housing Officer in the employ of the Housing Association in order to defraud the Housing Association. The issue before the Court was “who was being defrauded?” given that the Housing Association through its Housing Office knew about the false statements provided by the Applicant. The case was decided in favour of the Housing Association and possession was granted.
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Acquiring and Securing position on a strategic site
The case involved the agreement for sale and purchase between four different parties, and we secured all the affordable housing land of the first village in a large strategic development on land to the south of Bedford for our Housing Association client. It was important to the client in order to secure its position as the main affordable housing provider at the site, and for securing social housing grant. The site will ensure the provision of circa 170 units of affordable housing, at a total scheme value in excess of £15 million.
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Injunction for protection of vulnerable tenant
An Injunction was successfully obtained to prevent a number of individuals from residing with or visiting a vulnerable tenant. We successfully argued that they should not be allowed to reside as invitees as they had been placing undue pressure and exploiting the tenant. They were taking advantage of him by taking his money, property and staying at the property, which was clearly against his wishes.
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Variation of terms post possession order
A suspended Possession Order had been obtained on the grounds of rent arrears. One of the sons of the tenant commenced a catalogue of anti-social behaviour and criminal activities in and around the property, in particular targeting elderly neighbours. We made a successful application to add further conditions to the suspension of a Warrant for Possession, one of which included stipulating visiting hours for the tenant's son, to ensure that he could not live at the property, but could continue a relationship with the family. This enabled the tenant to remain in the property and ensure the neighbours were free of the anti-social behaviour and criminal activity they had previously suffered.
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Major acquisition
We helped a Housing Association acquire and develop over 200 units of affordable housing on a site in Bedfordshire. 10 separate contracts were entered into which included a key contractual agreement to discharge certain conditions, obtain planning and construct units to golden brick. We also successfully structured the transaction so that advance payments were made under separate Development Agreements which are secured by Legal Charges. The total consideration cost was well over £30 million.
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Securing affordable housing land and development valued at over £15 million
Contracts were negotiated and entered into for 2 separate important sites in Cambridgeshire and Buckinghamshire. Development Agreements and exchange of land agreements were entered into simultaneously. This allowed the client to secure their position as the affordable housing provider at these developments while also meeting the financial year end and reporting timetable of the developer.
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Support to commercial client on an award winning development
A commercial client was helped to undertake a mixed retail and residential development, on a sensitive site within a conservation area of a major coastal town. The development was made more complex as it included part new build and part renovation of a listed building.
A variety of planning issues for the completed scheme – which won a local architectural award - were successfully resolved, including utility provision, rights of light, and private rights of way. Many units were disposed of by a variety of leases and the freehold interest was retained as an investment and subsequently charged to a funding institution.
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Cradle to Grave support for light industrial redevelopment
A client wished to redevelop a large light industrial site within an industrial estate. The support provided included the acquisition of parts of the site from various owners with leasehold interest, the negotiation of a new head lease, and securing the consent of the landlord for the site to be redeveloped.
The site required a demolition and new build, and before successful completion, planning, highways, environmental and utilities issues needed to be resolved. Our solicitor enabled the forward funding for construction costs to take place, together with assisting the successful disposal of the completed units.
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Purchase and Sale of leisure property portfolio
An entrepreneur needed to acquire various leasehold public houses (and associated businesses) as going concerns, in order to rebrand and improve the portfolio before resale. A range of issues needed to be addressed to make this a reality, including planning, landlord and tenant, TUPE, as well as supply contracts.
The assembled properties were then successfully sold as going concerns and the efficient legal support provided through the acquisition, development and disposal aided the client in realising the profit generated by rebranding the portfolio.
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Enabling lending on major residential development in London
We acted for a bank which was providing development finance for an overseas borrower. The funding was required to undertake a major residential redevelopment, and to create new penthouse accommodation in a leasehold multi-part property in London.
The bank did not have its own forms and accordingly we needed to prepare the entire necessary security documentation.