Edward Denehan

Overview

Exclusively real property, both contentious and non-contentious: landlord and tenant (both commercial and residential), land and conveyancing, property valuation, mortgages, housing, boundaries, rights of ways and other easements, restrictive covenants, and professional negligence arising from these areas.

Edward is yet again recommended by Chambers and Partners (2017 Ed.) for Real Estate Litigation. It is there said Edward is “Brilliant with clients, very easy to deal with and an exceptionally strong advocate. His cross-examination skills are second to none“, that he is “Robust, bullish and very clear in his advice“, and that “He is very bright and very persuasive.”

He is also recommended for Property Litigation in the Legal 500 and has been for many years. The 2016 Edition describes him as ‘a forceful and hard-hitting advocate.

The 2015 Edition states ‘well liked by clients and produces excellent written work, as well as being an effective and determined advocate’.

The 2014 Edition describes him as having ‘An impressive understanding of restrictive covenants affecting land.

Identified as a “star of the Chancery Bar”, and as a “solicitors’ favourite junior” at the landlord and tenant bar by Lawyer Magazine. Noted as a “recommended junior” at the Property Bar by Square Foot Magazine. Sometime tutor in property law at the University of Warwick.

Sometime tutor in landlord and tenant law, and planning and local government law at the Inns of Court School of Law.

Lectures to the Property Litigation Association.

Panel lecturer for Jordans, the legal publishers, on conveyancing and landlord and tenant matters.

Arbitrator.

Legal advisor to arbitrators.

Contributor of the Landlord and Tenant Chapter to the Chancery Litigation Handbook. Jordans. 2nd Ed. 2005.

Member of the Chancery Bar Association, the Property Bar Association, and the South Eastern Circuit.

Sits as a member of the Bar Disciplinary Tribunal and on the disciplinary tribunal of the Society of Trust and Estate Practitioners.

Notable reported cases:

Commercial landlord and tenant

  • Lawrence and another v. Fen Tigers Limited and others (No 2) [2015] A.C. 106. [2014] 4 All E.R. 527. [2014] UKSC 46. (Supreme Court. Circumstances in which landlords may be liable for nuisance caused by their tenants).
  • Zestcrest Ltd. v. County Hall Green Ventures Ltd. [2011] 3 EGLR 9. (Lambeth County Court. Relief from forfeiture. Payment of landlord’s costs)
  • Bordcrest Properties Limited v. Development Planning Partnership LLP[2010] All ER (D) 182(April). (Chancery Division. Break clause. Compliance with conditions. Landlord estopped from denying tenant has complied. Summary judgment).
  • Heronsea (Mill Hill) Limited v. Kwik-Fit Properties Limited [2009] All ER (D) 75 (Mar). (2009) Env LR. [2009] PLSCS 65 (Queen’s Bench Division. Construction of landlord’s right to enter demised premises for the purposes of carrying out a survey. Whether landlord entitled to enter to carry out an environmental survey.
  • Maurice Investments Ltd. v. Lincoln Insurance Services Ltd. [2007] 1 P & CR 14. (Chancery Division. Landlord and Tenant rent review. Effect of trigger notice marked “subject to contract” and “without prejudice”).
  • Simmons v. Dresden (2004) 97 Con L.R. 81. (Technology and Construction Court. Tenant’s breach of repairing obligations. Nature and extent of breaches. Diminution in the value of the landlord’s reversion. No diminution caused by breaches).
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  • Mount Eden Land Limited v. Folia Limited [2003] PLSCS 188. [2003] NPC 167. (Chancery Divisions. Landlord and Tenant Act 1988. Breach of statutory duty on proposed sub-letting).
  • Hart Investments plc v Burton Hotel Limited [2002] L.& T.R. 93 (Chancery Division. Option to renew business lease. Construction).
  • Menwald Properties Ltd. v Hargraves House Ltd. 24.01.02 EGCS (Chancery Division: Construction of surety covenant in lease of business premises).
  • Century 2000 Enterprises Ltd. v SFI Group plc 11.11.01 EGCS. (Court of Appeal. Agreement for business lease subject to planning permission. Construction thereof).
  • Basch v Stekel [2001] L.&T.R 1. (Court of Appeal. Personal Representatives of guarantors under a lease/Insolvency).
  • The Prudential Assurance Company Limited v Eden Restaurants (Holborn) Limited [2000] L.&T.R. 480 (Court of Appeal. Land Registration. Effectiveness of notice under section 25 of the Landlord and Tenant Act 1954).
  • Mean Machine Limited v Blackheath Leisure (Carousel) Ltd. (1999) 78 P & CR D36 (Court of Appeal: Specific performance of agreement for assignment of lease).
  • Sight & Sound Education Limited v Books Etc. Limited [1999] 3 EGLR 45 (Chancery Division. Date of termination of tenancy to which Part II of the Landlord and Tenant Act 1954 applies)
  • Bacchiocchi v Academic Agency Limited [1998] 2 All ER 241. [1998] 1 W.L.R. 1313. [1998] 3 EGLR 157 (Court of Appeal. Occupation for the purposes of Part II of the Landlord and Tenant Act 1954)
  • Twogates Properties Ltd. v Birmingham Midshires Building Society (1998) 78 P & CR 386. [1997] 2 B.C.L.C. 558. (Court of Appeal. Repairing obligations. Loss and damage. Building Societies)
  • Kened Limited v Connie Investments Limited [1997] 1 EGLR 21 (Court of Appeal. Withholding consent to alienation. Reasonableness)
  • Estates Gazette Limited v Benjamin Restaurants [1993] 4 All ER 367 (QBD) [1995] 1 All ER 129 (Court of Appeal. Liability of sureties after assignment. Construction of surety covenant)
  • Wandsworth London Borough Council v Singh [1991] 2 EGLR 75 (Court of Appeal. Occupation for the purposes of Part II of the Landlord and Tenant Act 1954)
  • Capital & Counties plc v Hawa [1991] 2 EGLR 133 (Chancery Division. Rent Review/Arbitration)

Residential landlord and tenant

  • 87 St George’s Square Management Ltd v Michael Henry Anthony Whiteside [2016] UKUT 438 (LC). (Upper Tribunal (Lands Chamber) hold that a landlord may recover litigation costs against a tenant under an indemnity clause in a long lease notwithstanding that the First Tier Tribunal has awarded the landlord part of the costs under rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
  • Garside and Anson v. RFYC Ltd and Maunder-Taylor [2011] UKUT 367 (LC). (Upper Tribunal (Lands Chamber) hold that a failure on the part of a landlord to phase major works meant the costs were not reasonably incurred within the meaning of section 19 of the Landlord and Tenant Act 1985.
  • Majorstake Ltd. v. Curtis [2008] 1 A.C. 787. [2008] 2 W.L.R. 338 [2008] 2 All ER 303 [2008] 14 E.G. 102 [2008] 2 P & CR 2 (House of Lords. Leasehold Enfranchisement. Landlord opposing claim to an extended lease on grounds of redevelopment. Meaning of “any premises” within section 47(2) of the 1993 Act).
  • Cawsand Fort Management Co. Ltd. v. Stafford and others [2008] 3 All ER 353. (Court of Appeal. Landlord & Tenant Act 1987 Management order. Whether it is possible for order under section 24 to extend to land not within the curtilage of the buildings containing the leasehold flats)
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  • Tiffany Investments Ltd. v Bircham & Co. No.2 Nominees Ltd. [2003] 2 P & CR 381. [2003] 12 E.G. 127. (Chancery Division. Right of first refusal contained in residential lease. Operation of section 17 of the Landlord and Tenant Act 1954)
  • Kay-Green and others v Twinsectra Limited [1996] 4 All ER 546 (Court of Appeal. Part I of the Landlord and Tenant Act 1987)
  • Majorstake Ltd. v. Curtis [2007] Ch. 300 [2006] 3 W.L.R. 1114 [2006] 4 All E.R. 1326 [2007] L.&T.R. 7 [2006] 37 E.G. 194 [2006] 3 E.G.L.R. 50 (Court of Appeal. Leasehold Enfranchisement. Landlord opposing claim to an extended lease on grounds of redevelopment. Meaning of “any premises” within section 47(2) of the 1993 Act).
  • Artesian Residential Investments Ltd. v Beck [1999] 3 All ER 113 [1999] 2 EGLR 30. [2000] Q.B. 541 (Court of Appeal. Determination of assured tenancies. Forfeiture.)
  • Khar v Delbounty Ltd. (1998) 75 P & CR 232 (Court of Appeal. Relief from forfeiture. Failure to pay money other than rent)
  • Kay-Green and others v Twinsectra Limited [1997] 1 EGLR 219 (Leasehold Valuation Tribunal. Part I of the Landlord and Tenant Act 1987)
  • London Regional Transport v Brandt 73 P & CR 386. 29 HLR 193 (Court of Appeal. Security of tenure for sub-tenants under the Rent Act 1977. Inter-relationship with Part II of the Landlord and Tenant Act 1954)
  • Deverall v Wyndham [1989] 1 EGLR 57 (Chancery Division. Residential landlord and tenant. Licence to sub-let. Acquisition of statutory rights)

Real Property

  • Ramanathan v. Rudra [2016] EWHC 1062 (Ch), [2016] All ER (D) 122 (May). (Chancery Division. Claim that the beneficial interests in four properties held on trust by the Defendant for the Claimant on the basis of a Pallant v. Morgan equity. The claim failed)
  • Peires v. Bickerton’s Aerodromes Limited [2016] All ER (D) 160 (Mar). (Chancery Division. Noise nuisance caused by helicopter pilot training. Various defences pleaded including a prescriptive right to cause a nuisance and under the Civil Aviation Act 1982. Injunction granted to restrain nuisance)
  • Classic Property Developments (South East) Limited v. Islam and others [2015] All ER (D) 258 (Oct) (Chancery Division. Validity and exercise of an option to acquire freehold land. Rectification of option agreement refused and order for specific performance of the option granted).
  • A2 Dominion Homes Limited v. Prince Evans (A Firm) [2015] PLSCS 225 (Chancery Division. Land Registration. Leases granted pursuant to an agreement for lease protected by a unilateral notice have priority over a charge granted before the leases).
  • Trustees of the Coventry School Foundation v. Whitehouse and others [2012] 3 EGLR 151 (HC) [2013] [2014] 1 P&CR 51 (Court of Appeal. Freehold covenant against causing a nuisance or annoyance. Traffic and parking issues arising from the use of land as the site of a public school. Section 84(2) of the LPA 1925)
  • Harbour Castle Ltd v. David Wilson Homes Limited [2012] All ER (D) 50 (Jun) (Court of Appeal. Practice and procedure. Whether amended particulars of claim in an action for damages for breach of an option/development agreement were “particulars of claim” within the meaning of an unless order).
  • Lawrence v. Fen Tigers Ltd and others [2012] 3 All E.R. 168. [2012] 10 EG 88 (CS). (Court of Appeal. Private nuisance, planning, change in the character of the neighbourhood)
  • Haydon-Baillie v. Newbold [2007] All ER (D) 77. July. Chancery Division. Striking out claim to title of freehold land.
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  • Small v. Oliver & Saunders (Developments) Ltd. [2006] 3 E.G.L.R 141 [2006] EWHC 1293(Ch). (Chancery Division. Restrictive covenant. Existence of building scheme. Injunction. Assessment of damages in lieu of an injunction.
  • Das and others v Linden Mews Limited. [2002] 28 E.G. 130. [2003] 2 P & CR 58 .(Court of Appeal. Right of way. Enlargement of dominant tenement).
  • Gurhy v. Oliver & Saunders (Developments) Limited [2007] All ER (D) 201 May (Chancery Division). Interim injunction to restrain breach of restrictive covenant. Preliminary points of construction of the covenant).
  • Megaro v. Di Popolo Hotels Ltd. [2007] 2 P & CR 28 (Court of Appeal. Qualified right of way in case of emergency. Determinable in the event of the part of the route ceasing to exist).
  • Changeinvest Limited v. Rosendale-Steinhusen. [2004] P.L.S.C.S. 40. (Chancery Division. Easement subject to a condition precedent. Satisfaction of the condition before easement can be exercised).
  • Martin v Childs 19.02.02 EGCS (Court of Appeal: Easement. Water rights: construction of grant in conveyance)
  • Bhullar v McArdle (2001) 82 P &CR 481. (Court of Appeal. Real Property. Oral agreement to exchange land. Rectification of the register).
  • Skyparks plc v Marks [2001] All ER (D) 102 Mar. [2001] WTLR 607. (Court of Appeal. Charging order. Issue estoppel).
  • Arcadia Ventures Limited v. Longhurst [2000] All ER (D) 2149 (Chancery Division. Restrictive covenant. Costs. Application for a declaration becoming academic. Whether court should exercise its jurisdiction to award costs)
  • Gracegrove Ltd. v Boateng [1997] NPC 98 [1997] EGCS 103. (Court of Appeal. Conveyancing. Overriding interests.)
  • Lloyd v Nationwide Building Society 08.05.96 EGCS (Chancery Division. Priority of legal charges registered on the same day)

Professional Negligence

  • Citib@se plc v. Memery Crystal [2003] All ER (D) 01 (Nov). [2003] N. P.C. 131. (Chancery Division. Solicitors failing to advise on operation of break clause in commercial lease)
  • Cohen v Smith & Williamson [2002] BPIR 243. (Chancery Division. Mortgagee exercising power of sale. Alleged sale at under value. Alleged negligence of selling agents)
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  • Kennedy v Van Emden (1997) 74 P & CR 19 [1997] 2 EGLR 137 (Court of Appeal. Conveyancing/residential landlord and tenant/solicitors’ negligence)

Compulsory purchase

  • Sceneout Limited v Greater Manchester Development Corporation [1995] 1 EGLR 175 (Lands Tribunal. Compulsory purchase)
  • Slot v Guildford Borough Council [1993] 1 EGLR 213 (Lands Tribunal. Compulsory purchase)

Housing

  • Harrow London Borough Council v Tonge [1993] 1 EGLR 49 (Court of Appeal. Local Authority housing/Right to Buy)

Planning and Public Health

  • Epping Forest District Council v Essex Rendering Limited [1983] 1 WLR 158 (House of Lords. Planning)

Agency

  • Anscombe & Ringland Ltd. v Watson and others [1991] 2 EGLR 21 (Estate Agents’ commission)
  • Knight Frank LLP v. Du Haney [2011] 16 E.G. 78. (Court of Appeal. Agent, Warranty. Misrepresentation)


Edward Denehan is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 12005); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/038) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 365 5829 17); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.