Field Court Chambers

David Brounger represents commercial and residential landlords and tenants in all manner of landlord and tenant disputes from possession claims to commercial lease renewal cases, from leasehold enfranchisement cases in the Leasehold Valuation Tribunal to restrictive covenant disputes.

He has extensive experience in advising and representing parties in probate and related claims including claims under the Inheritance (Provision for Family and Dependants) Act 1975, and claims involving proprietary estoppel issues.

David also undertakes more general land law and trusts work including rights of way, boundary disputes, proprietary estoppel, ToLATA cases, constructive and resulting trusts and adverse possession.  He successfully represented the appellant in the Court of Appeal in the 1st reported cases on the effects of the Land Registration Act 2002 on overriding interests and the meaning of “actual occupation” for the purposes of that Act.

Call: 1990

Notable cases:

Rand v. Tran [2017] UKFTT 0888 (PC) (constructive trust implied due to the common intention of the parties, as evidenced by their respective contributions to property purchase price) Yavuz v. Chaudhary [2011] EWCA Civ 1314 [2013] Ch 249 (to what extent an easement arising informally and not protected by an entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised) Piper v. Kirk [2010] EWHC 23 (Ch) [2010] 2 P. & C.R. DG3 (determining of beneficial interest in real property based on an oral contract). Wretham v. Ross [2005] EWHC 1259 (Ch) [2006] 1 P. & C.R DG2 (legal test to be applied in claim for adverse possession). Clore v. MacNicol [2004] EWCA Civ 1055 [2004] N.P.C (succession to an assured tenancy as assured tenant or assured shorthold tenant). Kensington and Chelsea v. Hislop [2003] EWHC 2944 [2004] 1 All ER 1036 (not reasonable for a local authority to seek possession order the objective of which being to defeat a right to buy claim, general guidance on reasonableness under section 84 of the Housing Act 1985. Ebied v. Hopkins (also known as Wellcome Trust v. Hamad) [1998] Q.B. 638) (residential subtenant under a business lease entitled to protection of the Rent Act 1977 following determination of superior tenancy)

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