Simon Allison

Introduction & Contact details

Simon specialises in landlord and tenant work (including social housing), real property, and general commercial and insolvency work, particularly where arising from or related to property or a landlord and tenant relationship. Simon’s clients include private and corporate landlords and tenants, local authorities, developers, LPA receivers, IPs, surveyors, housing associations and financial institutions. Simon regularly acts in such matters in tribunals from the LVT to the High Court.

Simon joined Hardwicke in September 2011 from another set, bringing his already successful and specialised practice with him. He is favoured by solicitors for his practical common sense commercial advice, and increasingly is instructed to represent clients at mediations and other forms of ADR.

Simon accepts instructions from surveyors and other qualified professionals under the Bar Council’s Licensed Access scheme. He is happy to consider undertaking work on a Conditional Fee Agreement in appropriate cases, typically where instructed on behalf of Insolvency Practitioners in recovery work.

Qualifications

• LLB hons (University of London, Queen Mary College) – First Class
• Bar Vocational Course (BPP, London) – Outstanding
• Buchanan Prize (Lincoln’s Inn) (2005)
• Hardwicke Scholar (Lincoln’s Inn) (2004)
• Dechert Company Law Prize (2004)
• Drapers’ Company Prize for academic excellence (2003)

Before coming to the bar, Simon worked for 10 years providing (through his company) technical, design and production services to clients in the entertainment, film, corporate hospitality and motor industries, both in the UK and abroad. He has extensive experience and understanding of the particular needs of such clients.

Professional Associations

• Chancery Bar Association
• Property Bar Association
• Social Housing Law Association

T: 020 7242 2523 (Switchboard)
F: 020 7691 1234
E: simon.allison@hardwicke.co.uk

Landlord & Tenant

Simon acts for a wide range of clients in relation to all Landlord and Tenant matters, covering principally residential and commercial leases. He is instructed by private and public landlords, tenants and banks and other lenders. As well as all manner of ways of recovering possession, Simon acts in claims relating to unlawful eviction, disrepair, nuisance, dilapidations, renewals and breach of covenant.

Simon has a particular interest in service charge disputes, both in terms of determination and recovery. He is instructed frequently in forfeiture claims, often arising from determinations of payability of service charges.

Simon also acts for a range of professional clients within particular specialist areas, including:

• LPA receivers - Simon is experienced in dealing with the particular challenges such cases can present
• Licensed premises - Simon has undertaken a considerable volume of work in relation to licensed premises, acting for many of the major chains and breweries
• Insolvency practitioners - Typically acting for trustees in bankruptcy in claims for possession, orders for sale and declarations of beneficial interests in property, all of which can involve landlord and tenant issues
• Surveyors and property management companies - Simon has a significant practice advising on service charge disputes (both commercial and residential), including matters before the Leasehold Valuation Tribunal. He is happy to accept instructions under the Licensed Access scheme in such matters

Recent work

• Acted for a tenant in a case concerning service charges of a large commercial property going back 10 years, the total charges for the property being in excess of £3m; a favourable refund for the client was obtained
• Acting for a number of major property management companies in service and estate charge recovery matters in the LVT and the County Court
• Advising a private landlord in relation to an RTM application
• A case concerning the conflicting rights to possession (and sale) of a housing authority and a trustee in bankruptcy under a shared ownership lease
• On a very regular basis, recovering possession of properties (and defending such claims) on grounds of forfeiture, arrears, redevelopment or trespass

Social housing

Simon is regularly in social housing cases, advising and representing local authorities and housing associations (and, less often, tenants) in respect of a wide range of matters, particularly possession, anti-social behaviour and disrepair. Over the past year, Simon has been instructed in a number of cases where defences have raised Article 8 ECHR have been raised, further to the decision of the Supreme Court in Manchester CC v Pinnock, including in the Administrative Court. Simon has given training on this potentially significant development in the law.

Simon’s practice includes:

• Disrepair
• Possession claims (including trespass of all forms, succession, demoted and introductory/starter tenancies and upon all statutory grounds including antisocial behaviour)
• Anti-social behaviour injunctions;
• Committals for breach of injunctions and undertakings
• Unlawful eviction
• Right to buy;
• Service charge and other long leasehold disputes
• Judicial review where related to the above

Recent work

• Trials in claims for damages for disrepair, mostly settled on favourable terms
• Successfully defending a provider of temporary accommodation to local authorities against claims for unlawful eviction and negligence
• Defending a local authority in a claim for judicial review based upon Article 8 and the rule in Hammersmith v Monk
• Successfully representing a local authority in a claim against it to commit its Director of Housing for contempt for failure to carry out works of repair under a Tomlin order
• Recovering possession of 168 garages under a block being redeveloped, including areas squatted by a large number of homeless persons
• Advising on section 20 consultation requirements where a Long-term Qualifying Agreement is in force
• Advising on the human rights implications of recovering possession in a ‘2nd succession’ case

Land & Real Property

Simon is instructed in a wide range of property disputes, including claims to adverse possession, mortgage shortfall claims, boundary and right of light disputes and claims to equitable interests in land. Simon is experienced in related enforcement procedures, including obtaining orders for sale, injunctive relief and the attendant determination of relative equitable interests in property. Simon also acts in enfranchisement claims.

Recent work

• Multi-day trial to recover possession of land at Heathrow Airport, defended on the basis of adverse possession over 20 years
• Acting for a claimant seeking to exercise the right to acquire a new lease under the Leasehold Reform, Housing and Urban Development Act 1993
• Advising a football club in relation to damage to their land caused by a utility company
• Acting for a developer to obtain an injunction requiring a servient landowner to provide access under an easement
• Advising in respect of a boundary dispute and in respect of proposed building works over land identified as a right of way

Trusts of land

Simon undertakes work relating to trusts of land which fits well with other elements of his practice, whether in the context of seeking charges and orders for sale, or in the case of partnership breakdown (both personal and commercial).

Recent work

• Advising a multinational company which had been defrauded by a former employee of £130,000 with respect to enforcement of a charge over a family property, the claim being defended by the former employee’s parents on the basis of an express trust
• Acting for a client who had been promised a ‘home for life’ when moving in with her daughter, contributing a sum of money toward the purchase of the new property by selling her own home. Defended on basis monies were a gift

Commercial

Simon regularly advises in a wide range of contractual commercial and insolvency law matters. Simon's court practice includes a wide range of litigation on all tracks in both County and High Courts.

Recent work

• Acting for a manufacturer of parts for high value boats and yachts against a supplier of raw material in a sale of goods case – the defective material having failed on a number of yachts supplied worldwide, at a cost approaching £100,000
• Acting for a builder suing for outstanding fees, resulting in near complete recovery complete with indemnity costs after a 4 day trial
• Advising a company, with causes of action assigned to it by a liquidator of a related company, in respect of a potential claim against a receiver of multiple residential properties for breach of fiduciary duty and professional negligence
• Advice in respect of a guarantee under a commercial lease
• A number of cases concerning supply of defective motor vehicles
• Acting for a homeowner being sued by a landscaper (who was also his neighbour) for unpaid fees, settled on favourable terms at mediation
• Advising a statutory water undertaker in respect of recovery of a number of large debts arising from contracts for bulk supplies
• Acting for a supplier of catering equipment in connection with installations at the O2 Arena.

Insolvency & Restructuring

Simon regularly appears in the Bankruptcy Court and the Companies Court on a wide range of insolvency matters, as well as advising and drafting as necessary. Simon is happy to consider acting on a CFA in such matters where appropriate.

Recent work

• Obtaining an urgent injunction (over the weekend) to restrain the presentation of a winding up petition
• Seeking bankruptcy and winding-up orders, extensions of Administration, and other routine orders
• Applications to set aside statutory demands
• Annulments
• Obtaining orders for sale on behalf of trustees
• Advising a bankrupt in respect of a claim arising from a transaction at an undervalue
• A case concerning the conflicting rights to possession (and sale) of a housing authority and a trustee in bankruptcy under a shared ownership lease

Professional Negligence

Simon undertakes cases of professional negligence where related to any of the above practice areas. The majority of his work consists of claims brought against solicitors, surveyors, and construction professionals.

Recent work

• A claim against a firm of solicitors for negligently carrying out a conveyance of a residential property, and thereafter negligently pursuing a claim for adverse possession to try to correct their earlier mistake
• Acting for a roofing contractor as third defendant in a 4 handed negligence claim for £500,000 arising from building works carried out on prestigious central London property
• A claim against a firm of solicitors for failing to advise client of the operation of a break clause under a commercial lease