Property and Social Housing

Oliver has appeared in the High Court, County Court and First-tier Tribunal (Property Chamber).

Oliver represents landlords and tenants in possession proceedings, disrepair/fitness for human habitation claims, injunction applications and committal proceedings.

Oliver welcomes instruction in long residential leasehold matters, such as forfeiture, service charge disputes, collective enfranchisement and the right to manage.

Oliver also welcomes instruction in commercial landlord and tenant matters, including lease renewal under the Landlord and Tenant Act 1954, dilapidations, forfeiture and breach of covenant.

Prior to joining Chambers, Oliver had two years’ experience as a property paralegal at a London law firm. He assisted with matters residential and commercial, freehold and leasehold, contentious and non-contentious. During his time as a paralegal, Oliver was credited for contributing to the later chapters of the third edition of “Commercial Property Litigation” by James Fieldsend and Paul McAndrews (commercial rent arrears recovery, recovery of possession, mixed use properties and alternative dispute resolution).

Recent cases:

C v O – Represented private landlord in a two-day possession trial, successfully obtaining a possession order in a complex case which involved arguments relating to the validity of s.47/48 notices, breaches of statutory tenancy deposit requirements, and a defence and counterclaim of indirect disability discrimination.

H v A – Represented social landlord in a two-day possession trial, successfully obtaining a possession order on Grounds 12 and 14 in respect of a tenant who was convicted for being concerned in the supply of illicit drugs, with the significant involvement of a number of close family members.

P v P – Represented social landlord in a one-day contested hearing for an application for an anti-social behaviour injunction and power of arrest, which included a proposed exclusion of the tenant from the property and surrounding area because of the serious risk of harm she posed to elderly neighbours. All terms sought were granted, to remain in force indefinitely.

BCP v P – Represented defendant who admitted 26 of 40 alleged breaches of an anti-social behaviour injunction. Oliver persuaded the court to give his client one last chance and as a result the defendant received a suspended sentence order.

K v B – Advised private landlord on exercising the right of forfeiture under s.146 of the Law of Property Act 1925, predominantly focused on seeking the best avenue for recovering legal costs that had been added to substantial amount of unpaid service charge over a decade.

P v P – Drafted Particulars of Claim on behalf of a social landlord for a claim for possession of an almshouse under Grounds 12 and 14 with alternative pleadings that the tenant was in fact a licensee due to the restrictions in place on disposition of the almshouse.

P v LBE – Drafted Defence and Counterclaim on behalf of a local authority landlord in response to a disrepair claim, counterclaiming indemnity from a freeholder third party.

Planning and Land

Oliver represents and advises local authorities, companies, charities and private individuals in matters pertaining to planning and real property.

In Oliver’s two years as a property paralegal, he assisted in preparing applications for planning permission and listed building consent, as well as dealing with planning and building control enforcement matters as and when they arose. Oliver was in daily contact with HM Land Registry, lodging hundreds of applications and developing a detailed understanding of the practice, procedure and law surrounding land registration formalities. He also prepared and submitted a number of successful adverse possession applications.

Whilst on his Bar course, Oliver attained a distinction for his extensive LLM thesis entitled “Illuminating the right of light: an introductory guide for property developers and practitioners”.

One of Oliver’s articles was published on Local Government Lawyer. The link can be found here: https://localgovernmentlawyer.co.uk/litigation-and-enforcement/311-litigation-features/46538-compulsory-acquisition-green-belt-policies-and-undefined-boundaries.

In October 2021, Oliver and another member of Chambers presented a three-part webinar series for London Borough Local Authorities on a variety of planning and local infrastructure matters. Topics included viability assessments, the General Power of Competence and s.38 agreements. In conjunction with the latter, Oliver also dealt with adoption under s.37 of the Highways Act 1980, the operation of Private Street Works Code (ss. 205 to 218 of the Act) and adoption after execution of street works under s.228 of the Act.

Recent cases:

E v F – Represented local authority in defending a judicial review challenge in the High Court. At the final hearing that was listed for one day, Oliver and his opponent were commended by Mr Justice Lane for “the high quality of their respective written and oral submissions”. https://www.bailii.org/ew/cases/EWHC/Admin/2023/2060.html

WC v H – Represented local authority in successfully applying for a planning injunction under s.187B of the Town and Country Planning Act 1990, which involved careful consideration of hardship to the respondent, and balancing that with other key factors.

J v H – Advised on neighbour dispute relating to a boundary wall positioned on one party’s land which was alleged to be deteriorating through damage by water percolation from the other party’s land.

U v J – Drafted Reply and Defence to Counterclaim in relation to a dispute over a strip of land, involving pleadings on adverse possession, prescriptive easements, and land registration.

M v S – Drafted Defence in relation to a dispute involving a contested party wall which the claimant averred was wholly within their title, but the defendant averred was either a party wall or, by way of adverse possession, wholly in their title instead.

Re B – Drafted representations to HM Land Registry on behalf of the freeholder in response to representations made by a tenant that was seeking adverse possession of neighbouring land but did not wish for the potential accrued right to enure for the benefit of the freehold title.

Re FF – Advised a London-based local authority in relation to a tenancy granted under the Landlord and Tenant Act 1954 of a square field containing allotments in the Borough to a registered society that had not convened in recent times as required by its constitution, was not actively operating, and hence buildings on the land were at risk of falling into a state of disrepair.

S v A – Represented three private individuals in defending a prosecution of a significant planning enforcement notice breach, which involved making abuse of process arguments in relation to the decision by the local authority to prosecute registered proprietors of the property that did not live there or have any de facto control of it.

Regulatory and Local Government

Oliver is instructed by local authorities and private individuals in a variety of regulatory and local government matters in both the Crown Court and magistrates’ court.

Oliver had a four-month secondment to the Force Solicitor’s Office at Hampshire Constabulary, over which time he specialised in applications for Domestic Violence Protection Orders, Stalking Protection Orders, Sexual Harm Prevention Orders, Sexual Risk Orders, and Closure Orders, amongst others. In advising upon and representing the Constabulary in applying for various applications, Oliver gained valuable experience working alongside officers of different ranks and specialisms, from Constables to Superintendents.

Recent cases:

W v S – Represented local authority in successfully obtaining a Criminal Behaviour Order in the magistrates’ court against a defendant whose three dogs had caused very serious nuisance and annoyance to neighbours through persistent, uncontrolled barking over several years. The defendant’s appeal in the Crown Court was refused after a one-day hearing, with the defendant required to remove all offending dogs from her property and pay the local authority’s costs.

R v W – Represented local authority in the successful prosecution of benefit fraud in which the overpayment amount was over £50,000.

S v U – Represented local authority in the successful prosecution of a company which owned a motor repairs garage that had breached a community protection notice by using the public highway for business-related purposes. The company received a total fine of £6,000 and were ordered to pay the local authority’s full costs.

Civil

Oliver appears in the County Court for general civil matters and has experience representing claimants and defendants in the Multi-track, Fast-track and Small Claims track.

Recent cases:

B v R – Represented and advised a local authority in defending a tortious claim for pure economic loss by a Hackney Carriage driver that was declared not a “fit and proper person” after failing to renew his licence after three years. The case was allocated to the Multi-track and parties ultimately resolved the dispute without the need for a trial.

D v P – Successfully represented car dealership in defending a claim for recovery of a deposit paid for a car worth £65,000.

G v A – Represented insurance company in defending RTA claim at trial in the Small Claims track, succeeding at the liability stage, with consequently no order for any damages claimed (including credit hire).