Weightmans LLP

Matthew has 18 years’ experience specialising in property litigation dealing with all aspects of contentious commercial property and residential property issues. He also has a broad range of experience covering all aspects of housing management disputes on behalf of Housing Associations. Matthew has acted for a diverse range of clients including some well-known retail and service industry businesses.

Matthew’s experience includes debt recovery, possession and demotion claims, injunctive action in matters involving anti-social behaviour (ASB), unlawful eviction and securing access for inspections and repairs, and extends to more complex matters such as mutual exchange, abandoned properties, unauthorised occupation, succession, and challenges to allocation schemes. Matthew has appeared regularly in the County Court on matters of anti-social behaviour and he has successfully defeated challenges brought on the grounds of proportionality.

Matthew has developed a particular specialism in defending disrepair claims and prides himself on offering as robust a defence as possible in every case.  Matthew believes his reputation with the claimant firms in this area assists him in defeating a significant proportion of claims and minimising damages in all other cases.

Having previously represented tenants at his former firm in all manner of disputes against landlords, and having been that firm’s Housing Legal Aid Supervisor, this provides him with a tactical advantage when defending claims as he can anticipate the arguments which will be raised by a tenant’s solicitor and the manner in which they may be susceptible to challenge, at the outset of a case.

Matthew has been involved in a number of claims involving the Equality Act and Proportionality defences. He has experience as an advocate in injunctive proceedings and committal proceedings, including successfully defending matters where Counsel has been instructed on the other side. He has vast experience of disrepair claims and successfully defended litigated claims.  Matthew has also obtained costs orders against claimants in these claims. Matthew regularly provides training to clients on disrepair.

Matthew also advises landowners in relation to matters regarding the Electronic Communications Code, including Code Operators’ rights to inspect land and site telecommunications equipment on that land, and the land owners’ ability to challenge those Operators’ demands.

Some examples of his housing work include:

• Resisting a housing disrepair claim in which proceedings had been issued and an offer in settlement of £13,750 made, settling for £350 and small claims costs.
• Successfully defending a claim brought by a long leaseholder in respect of alleged failure to provide the services for which the landlord charged, and securing a recovery of wasted costs from the leaseholder.
• Resisting a telecommunications provider’s attempts to secure blanket rights under the Electronic Communications Code in respect of premises leased to the Housing Association (published case Cornerstone Telecommunications Limited and (1) Central St Giles General Partner Limited (2) Clarion Housing Association Limited [2019] UKUT 183).

Matthew also represents landlords and tenants in all manner of commercial property disputes including lease renewal proceedings (both opposed and unopposed), dilapidations claims including use of the PLA Dilapidations Protocol, the impact of s.18 Landlord & Tenant Act 1927 and the effect of sub-tenants, rent/service charge disputes, advising on the effects of conditions attached to break options, serving break notices and advising landlords where a break notice may not be effective, advising on methods of obtaining vacant possession of sites and removal of equipment by telecommunications providers and advising on any discrete issues which arise during the term of a lease e.g. boundary disputes and encroachment. Some examples of his commercial work include:

• Successfully challenging the validity of a landlord’s break notice, saving the client £1m in relocation costs.
• Advising a landowner in relation to a £13m disposal affected by telecommunications equipment, including strategic and tactical options for seeking the removal of the equipment without the need for proceedings.
• Advising a tenant in relation to reinstatement provisions which could have resulted in expenditure in the region of £80m.