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Alastair Redpath-Stevens

Year of call: 1998

Alastair Redpath-Stevens
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A good advocate who goes the extra mile.

Legal 500

Alastair Redpath-Stevens is a specialist in property and housing law with a particular focus on service charges, major works consultation and dispensation as well as all aspects of administrative, government and environmental work.

He has experience in all courts up to and including the Court of Appeal, in addition to the First-tier Tribunal (LC and PC) and the Upper Tribunal, as well as of arbitration and mediation work. Clients include public bodies, registered social landlords, commercial and private companies and individuals.

Before joining the Bar, Alastair Redpath-Stevens worked in local government and as a director of an information technology company.

Leasehold & Leasehold Management

Alastair has developed a history of satisfied clients in this sphere and continues to be well respected as a sound commercial mind. He appears regularly before the First-tier Tribunal (PC and LC) and the Upper Tribunal.

Particular specialities include, but are not limited to:

  • service charge disputes; and
  • lease variations and management disputes.

Relevant Cases

  • Portland Industrial Dwelling Company Ltd v Jetha and Anor [2018] 28 March (unreported)
    Appeared for the Respondent in a case concerned with the construction of sections 56(3) of the Leasehold Reform, Housing and Urban Development Act 1993.
  • Jetha and anor v Basildon Court Residents Co Ltd [2017] UKUT 58 (LC)
    Appeared for the Appellant in an appeal from a decision of the First-tier Tribunal: the UT provided guidance in relation to cases involving estoppel by convention.
  • Nogueira an ors v The Lord Mayor and Citizens of Westminster [2014] UKUT 0327 (LC)
    Appeared for the Respondent in an appeal from a decision of the First-tier Tribunal relating to major works charges and the costs of dispensation.
  • Westminster City Council v Allen [2013] UKUT 0460 (LC)
    Appeared for the Appellant in relation to global deductions from service charges in reasonableness cases.
  • The Lord Mayor and Citizens of Westminster v Fleury and ors [2010] UKUT 136 (LC)
    Appeared for the Appellant in relation to major works contracts.
  • Westbourne Limited v Spink and Anor [2008] EWLands LRX/14/2007
    Appeared from the appellant in an appeal from a decision of the Leasehold Valuation Tribunal in relation to breach of natural justice.

Commercial Landlord & Tenant

Alastair accepts instruction in 54 Act lease renewals, dilapidations, forfeiture and matters relating to breaches of covenant waiver and estoppel. He also has experience of agricultural tenancy work.

Real Property & Mortgages

Alastair advises and represents clients on a broad range of work in this area including:

  • boundary disputes and adverse possession;
  • restrictive covenants and easements including rights to light;
  • injunctions and equitable remedies;
  • leasehold enfranchisement; lease extensions and rights of first refusal;
  • trust of land claims;
  • forfeiture and possession claims, including against trespassers and unlawful sub-tenants;
  • tree preservations orders and related issues; and
  • dilapidations.

Cases of interest

  • Lands Tribunal Case (Ascham Homes v All Leaseholders in the LB Waltham Forest) which considered the extent of the Tribunal’s implied jurisdiction to review its decision to refuse permission to appeal.
  • Lands Tribunal case (Bonn v Ayoade) which discussed the extent of the LVT’s jurisdiction in relation to the defence of equitable set-off and the role of res judicata, transit in rem judicatam and the rule in Henderson v Henderson.
  • Ruling by the Adjudicator to HM Land Registry (noted in Hague on Leasehold Enfranchisement) (BCLA Ltd v Demetriou & Katchies). Discussed the ability of a landlord to accept surrenders of and re-grant leases during the enfranchisement process.

Development

Alastair is considered a keen mind in what is a complex and swiftly developing area of law. He accepts instructions in cases involving rights to light, overage, options, restrictive covenants, estate charges, party wall matters, boundary disputes, easements and rights of way including public rights of way and highways

Housing (Social & Privately Rented)

Alastair accepts instructions from registered social landlords, public-sector tenants and also has a wealth of experience advising and representing local authorities and companies exercising public functions.

He has excellent experience in all areas of residential landlord and tenant work, including:

  • disputes over the nature or status of a tenancy,
  • service charges disputes
  • disrepair disputes
  • unlawful eviction
  • forfeiture and repossession.

Leading Cases:

Medina Housing Association v Case [2002] EWCA Civ 2001; [2003] 1 All ER 1084; [2003] HLR 37
Injunction to restrain breach of tenancy agreement – remains in force only until such time as the tenancy comes to an end (leading authority).

Stewart v Lambeth LBC [2002] EWCA Civ 753; [2002] HLR 40
Appeared for the Respondent in this leading authority about the meaning of settled accommodation.

Trusts of Land

This area of law has long been considered an area for governmental reform and one which most of the public remain uncertain about. For this reason, Alastair’s advisory work as well as his practical work have led to his commendation amongst property law practitioners and clients.

Professional Associations

  • Planning and Environmental Bar Association
  • Property Bar Association

Publications

  • Arden & Partington’s Housing Law (Sweet & Maxwell).
  • Housing Law: Pleadings in Practice 2nd.ed (Sweet & Maxwell).

Qualifications

  • BSc (Bristol)
  • BVC (UWE)
  • MA (UWE)
  • MCIH
  • PGDipHousing (UWE)
  • PGDipLaw (UWE)

Recommendations

Alastair is recommended in Legal 500 for Social Housing. They recommend him particularly for local government issues and also mention:

“He understands the commercial realities that face landlords.”

“A good advocate who goes the extra mile. Careful, considered advice”

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