David Nuttall

David has been a member of St Ives since 2013 and in that time has gained exceptional experience in property work.

In commercial property disputes, David regularly acts for landlords and tenants in claims involving lease renewal, dilapidations, forfeiture and interpretation of covenants.  He is well versed in the intricacies of the Landlord and Tenant Act 1954.

In terms of residential property, David deals with all manner of matters regarding possession, disrepair, service charge recovery and other breaches of covenant.  His wide housing practice gives him particular expertise in unusual matters involving security of tenure.

Outside of landlord and tenant, David has built a strong practice in disputes involving boundaries, adverse possession, easements and other appurtenant rights. He is known for having a particular enthusiasm for these tricky areas.

David likes to get involved with cases as early as possible, and is a pragmatic and commercial practitioner, always on the look-out for the most cost effective means of achieving the client’s objectives.

A few example cases David has been involved in:

• A mortgage possession saga, on behalf of the lender.  This involved, amongst other things, consideration of whether the lender’s own actions had frustrated the re-payment of the loan.  This ended in a High Court appeal brought by the borrowers.  Whilst the Court made a modest variation to the extent of the money claim, the vast majority of the appeal was dismissed – [2019] EWHC 2289 (Ch)
• A preliminary issue trial in the Business and Property Court, successfully representing the landlord.  In this case the Court was asked to determine whether s26(1) of the 1954 Act applied to an informally drafted lease, and so to determine whether the tenant was entitled to bring lease renewal proceedings – Birmingham District Registry, July 2019
• A four day dilapidations trial involving extensive cross-examination of building and valuation surveyors.  This case is now used as a case study by s18 valuation experts as an example of the Court adopting a “value affective works” approach – Birmingham County Court, May 2018
• A three day TCC trial regarding encroaching foundations and allegedly negligent construction works – Birmingham District Registry, June 2017
•  A Land Registry tribunal hearing regarding water rights;
• A trial, and subsequent appeal, regarding the use of expert translation evidence in a lease fraud trial, where the lease had been drafted in Urdu;
• An unopposed lease renewal application regarding the disputed insertion of a re-development break clause;
• A three-way dispute between a landlord, a commercial tenant and a neighbouring housing association involving rent suspension, nuisance and the Defective Premises Act;