London Bar
Property litigation
Leading junior2Edward Denehan – Tanfield Chambers ‘His opinions are always comprehensive, detailed and well presented.’
Tanfield Chambers
tanfieldchambers.co.uktanfieldchambers.co.ukBarristers
Edward Denehan
Tanfield Chambers, London
- Phone020 7404 5055
- Email[email protected]
- Profilewww.9stonebuildings.com
Position
Edward’s practice is exclusively property based. It therefore includes real property, both contentious and non-contentious, landlord and tenant, both commercial and residential, land and conveyancing, restrictive covenants, rights of way and other easements, profits à prendre, property valuation, mortgages, housing, boundaries, and professional negligence arising from these areas.
Edward is an experienced advocate, and has successfully argued property and landlord and tenant cases in the House of Lords, the Supreme Court, the Court of Appeal, as well as appearing in a great many witness actions over the years in all courts and tribunals with property jurisdiction. Details of some of Edward’s cases are shown in the Practise Areas sections below.
Year after year, Edward is a recommended property barrister by the leading directories, the details of which are contained in Directory Recommendations section of his webpage.
Edward lectures extensively on subjects within his practice, and from time to time has acted as an arbitrator in property disputes.
Edward was a part time tutor in property law at the University of Warwick, and a part time tutor in landlord and tenant law, and planning and local government law, at what was the Inns of Court School of Law.
Edward has been the head of chambers at 9 Stone Buildings, Barristers’ Chambers since 2013 whilst at the same time maintaining his busy practice.
LAND & PROPERTY
Edward has an extensive practice in the area of land and property, both contentious and non-contentious.
COMMERCIAL LANDLORD & TENANT
Edward has appeared in numerous commercial landlord and tenant cases over the years. He has vast experience of the operation of Part II of the Landlord and Tenant Act 1954, and has appeared in a number of leading cases.
RESIDENTIAL LANDLORD & TENANT
Edward undertakes all aspect of residential landlord and tenant law including enfranchisement and lease extensions, service charges, security of tenure, management disputes (including the appointment and removal of managers, enforcement of covenants, statutory variation of leases, and the tenants’ right of first refusal).
COVENANTS & PROFITS
Edward has an extensive practice advising land owners on the impact, if any, of restrictive covenants. Edward’s clients range from major house builders, to individual property owners who wish to prevent unwanted development. Edward very frequently advises upon the operation and application of section 84(1) of the Law of Property Act 1925 to restrictions burdening his clients’ land with a view to having the restrictions discharged or modified.
EASEMENTS
Edward has an extensive practice advising land owners on the existence, nature and impact, if any, of easements, such as rights of way, rights of light and water rights. Edward’s clients range from major house builders, searching of means of access to development sites, to individual property owners in dispute with near neighbours.
NUISANCE & TRESPASS
In 2014, Edward, leading Giselle McGowan, successfully argued before the Supreme Court that his landlord clients should not be liable for the noise nuisance caused by their commercial tenants: Lawrence and another v. Fen Tigers Limited and others (No 2) [2015] A.C. 106. [2014] 4 All E.R. 527. [2014] UKSC 46. The case involved (inter alia) consideration of whether one could acquire an easement to create a nuisance and the circumstances in which an injunction to restrain a nuisance might be properly refused.
Peires v. Bickerton’s Aerodromes Limited [2017] 1 W.L.R. 2865 is the first decision of the Court of Appeal of the statutory defences provided by sections 76 and 77 of the Civil Aviation Act 1982 to a common law nuisance caused by helicopter pilot training. Despite succeeding before the High Court judge that the helicopter pilot training did cause a nuisance, the Court of Appeal held that the statutory defences were available to the defendant, and therefore Edward’s clients were not entitled to an injunction to restrain the nuisance, or any other remedy. Success at first instance resulted in Edward being instructed in a number of matters concerning noise nuisance caused by helicopters.
Over the years, Edward has been instructed on a great many trespass/boundary cases, and not only those arising from bad tempered neighbour disputes!
PROFESSIONAL NEGLIGENCE
Edward frequently advises on issues of professional negligence arising out of property matters, such as conveyancing and valuation.
Career
Called 1981; Lincoln’s Inn.
Memberships
Chancery Bar Association; South Eastern Circuit; Bar Disciplinary Tribunal; disciplinary tribunal of the Society of Trust and Estate Practitioners; Property Bar Association.
Education
University of Warwick (LLB).