Arthur Moore

Call:1992

Introduction and Contact details

Arthur came to the bar after studying physics at Oxford University, and taking the Diploma in Law at City University in London.  After practising for five years at the Criminal bar he has, since 1997, specialised in disputes over land.

In the wider property law area, Arthur regularly advises and appears in cases of  residential and commercial landlord and tenant such as leasehold disputes of all types in the LVT, and commercial lease renewal, as well as in broader property related disputes such as boundary determination, rights of way and trusts of land.

Arthur regularly lectures and gives training in many of his practice areas.

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234

Email: arthur.moore@hardwicke.co.uk

Property and Private Client

Social Housing

Arthur has a strong following amongst the leading solicitors who act for landlords and those that act for tenants.  His practice includes claims relating to anti-social behaviour, disrepair, right to buy, succession, environmental protection and possession (with a speciality in relation to public law defences).  He regularly advises social housing providers on broader policy issues surrounding the management of housing stock.

Recent work

• Advising and appearing for tenant in non-statutory succession case
• Advising and appearing for tenant in disrepair case where tenancy pre-dated statutory provisions in relation to repairing obligations on a residential landlord
• Advising and appearing for landlord in relation to injunction where tenant asserting right to make racist remarks
• Advising registered provider in respect of RTB leases and in particulars service charge recovery
• Advising and appearing for tenant in possession action where possession of drugs not prohibited by the tenancy agreement
• Advising and appearing for landlord in child-tenant case
• Advising and appearing for landlord in possession case against gypsies where only defence is a public law defence

Important Cases

Salford CC v. Garner [2004] HLR 35.  Introductory tenancy- tenant moving in before start date of tenancy- when proceedings for possession begun- whether on delivery of papers or when claim issued- whether twelve months had elapsed so introductory tenancy became secure

Sharp v. London Borough of Brent CA [2003] HLR 65.  Homelessness and allocations- article 8 of European Convention on Human Rights- County Court not permitted to consider whether council’s allocation policy being applied properly in an appeal against a review of a homelessness decision

Sharon Drew Morgen v Manaz Hamid-Zadeh – CA (1999) 31 HLR 316.  Failure to give express notice under s.47 & s.48 Landlord and Tenant Act 1987 – whether service of a notice under s.21 Housing Act 1988 is sufficient – whether rent “lawfully due” for the purposes of possession under grounds 10 and 11 of the Act.

LB Southwark v Vennette Simpson – The Times 3/11/98, (1999) 31 HLR 725.  Expert evidence in prosecutions under s.82 Environmental Protection Act 1990 – evidence of whether the condition of a property is such that it is “prejudicial to health” is a matter of opinion and such evidence must be given by a suitably qualified expert (not necessarily a doctor) to secure a conviction.

Allocation & Homelessness

Arthur has built up a considerable reputation in the public law area of housing work, and regularly appears for applicants and local authorities in homelessness and allocations disputes. 

Recent work

• Advising and appearing for local authority in homelessness case where one local authority was “dumping” homeless applicants in the next door authority
• Advising and appearing for applicant in Judicial Review where local authority were refusing to accept an application for homelessness
• Advising and appearing for applicant in Judicial Review where local authority were refusing to take a decision on homelessness

• Advising and appearing for local authority in case where gypsies where challenging the decision to evict them
• Advising local authority on lawfulness of allocations policy
• Advising and appearing for applicant in County Court and Court of Appeal where only one property “suitable” and was not being offered

Important cases

Sharp v. London Borough of Brent CA [2003] HLR 65.  Homelessness and allocations- article 8 of European Convention on Human Rights- County Court not permitted to consider whether council’s allocation policy being applied properly in an appeal against a review of a homelessness decision

Nessa v. London Borough of Newham CA  EWCA [2001]  Civ 73 Homelessness accommodation-appropriateness of accommodation- number of bedrooms- overcrowding- procedural irregularities in the decision-inevitability of reaching the same decision

Landlord & Tenant Residential

Arthur’s practice spans all the usual areas including forfeiture, dilapidations, service charges, enfranchisement and unlawful eviction.

Recent work

• Advising landlord on whether parking charges were “service charges” and on jurisdiction of LVT to determine the point
• Advising tenant after dismissal of her claim for a new lease
• Advising landlord on service charge provisions of a new lease
• Advising landlord on service charge calculation
• Advising and appearing for tenant in disrepair case

Important Cases

R v. Brent Justices exp. McGowan  (Div. Ct.)  [2002] HLR 55 Prosecution under Protection from Eviction Act 1977- Human Rights Act 1998- magistrates not required to give reason for conviction in judgment form- retirement of magistrates’ clerk with the magistrates for extended periods quite proper- judicial review rather than case stated where complaint of procedural fairness-

Maryland Estates Limited v Bar-Joseph – CA, (1999) 31 HLR 269.  Conditions of relief from forfeiture in rent-only actions – definition of “all rent in arrears” in s.138 County Court Act 1984 – applicable to residential and commercial long leases.

LB Southwark v Vennette Simpson – The Times 3/11/98, (1999) 31 HLR 725.  Expert evidence in prosecutions under s.82 Environmental Protection Act 1990 – evidence of whether the condition of a property is such that it is “prejudicial to health” is a matter of opinion and such evidence must be given by a suitably qualified expert (not necessarily a doctor) to secure a conviction.

Trusts of Land

Arthur has a particular interest in cases concerning the creating and enforcement of trusts over land, and the division of beneficial interests in land.

Recent work

• Advising and representing in a beneficial interest case where there was an issue as to whether the parties had in fact been married.
• Advising and representing one party in case where five members of same family claimed interest in a property

Important cases

AUBIN MCKENZIE V LEONARD JAMES MCKENZIE (2003), Ch D (R Hildyard QC) 12/2/2003
Where a son had become a party to his parents purchase of the family home from the local authority in order to raise a sufficient mortgage to complete to purchase there was no evidence of a common intention that he should have a beneficial interest in the property.

Landlord and Tenant Commercial

Arthur has a substantial commercial landlord and tenant practice, covering all the usual areas such as rent review, dilapidations and lease renewal.

Recent work

• Advising tenant in lease renewal where assignees freeholder has not been assigned the entirety of the relevant freehold interest
• Advising and representing tenant in lease renewal of prestigious shop premises in Regent’s Street

Land & Real Property

Arthur regularly advises on cases involving rights of way, boundary disputes, occupier’s liability and adverse possession, as well as other aspects of real property.

Recent cases

• Advising and representing client in boundary dispute where encroachment across the boundary was “flying”.  Issues of adverse possession of air space and of part performance.
• Advising on nature and extent of right of way

Important  cases

Frank Henry Brazil v. Frank Brazil [2005] 17/3/05, Donaldson QC sitting has a High Court Judge.  Adverse possession- single and conclusive occupation required- intention to possess- several members of same family present on site