Adrian McClinton

Associate Solicitor - Dispute Resolution

What's your role?

I am an Associate Solicitor specialising in Property Litigation.

I have represented all types of clients from commercial landlords to high net worth individuals with portfolios ranging from the small (1- 20 properties) to the very large (70,000 + properties).

I have represented clients in the County Court, High Court, at Tribunal, mediation and Arbitration. 

It is important for our clients to be advised of their legal rights and, crucially, how such rights will affect their commercial position. I know that for many of our clients litigation is the last thing that they want to get embroiled in and so it is imperative to understand our client’s objectives enabling us to focus on achieving the best commercial outcome for them. 

As well as providing legal advice and representation, I also work closely with letting/managing agents and surveyors, delivering seminars and in-house training.

I have lectured extensively for various industry bodies including the Association of Residential Letting Agents (‘ARLA’), the National Landlords Association (‘NLA’) and Royal Institute of Chartered Surveyors (‘RICS’) affiliated training providers.

Your Experience

Acting for a tenant located in the ‘Harley Street Special Policy Area’ in London seeking to renew its tenancy under Part II of the Landlord and Tenant Act 1954.  The renewal was opposed by a foreign-based landlord on the basis that they were going to re-develop the premises, which was operating as a dental practice, into residential premises.

Acting for a claimant in the Technology and Construction Court following a landslip onto its land from a neighbouring property.

Acting for a property developer in relation to the removal of telecommunication apparatus from land marked for development in accordance with the Telecommunications Act 1984 and the Electronic Communications Code.

Acting for a party to a claim for damages of £800,000 following service of a Terminal schedule of Dilapidations.  The case involved complex issues relating to the cost of repairs and a cap on damages under sec. 18 of Landlord and Tenant Act 1927.

Acting for a property developer seeking to obtain vacant possession of commercial premises for the purposes of a multi-million pound re-development. 

Acting for a landlord in an application to the First Tier Tribunal (Property Chamber) for a determination on ‘reasonableness’ under the Landlord and Tenant Act 1985 and breach of lease under the Commonhold and Leasehold Reform Act 2002 and subsequently issuing a claim for forfeiture.

Acting for a tenant of an exclusive Mayfair development seeking to extend its lease under the Leasehold Reform, Housing and Urban Development Act 1993.  Due to the difficult nature of the Landlord an application was issued in the First-tier Tribunal (Property Chamber) to protect the tenant’s right to extend its lease. 

Acting for a landlord in an application for an Injunction and damages following a breach of lease.  This case involved an application for a ‘without notice’ injunction due to the leaseholder carrying out unauthorised structural works which compromised the structural integrity of a large purpose-built block of residential flats.

Acting for a landowner subject to a claim for damages and an Injunction brought under the tort of nuisance and the rule in Rylands v Fletcher.

Assisting a large landlord re-structure its debt collection process to reduce its service charge arrears by over £300,000 in the space of 12 months.

Specialisms

  • Landlord and tenant law (commercial and residential)
  • Leasehold enfranchisement
  • Service charge disputes
  • Dilapidations and disrepair
  • Boundary and neighbour disputes
  • Telecommunication disputes and the Electronic Communication Code

Memberships & Associations

Property Litigation Association

Testimonials

“I have worked with Adrian on a number complex landlord and tenant matters ranging from possession proceedings to leasehold enfranchisement. Adrian always understands the legal issues and commercial realities facing us as property investors and resulting in him being able to provide great practical and legal advice.”

“We instructed Adrian on a complex legal matter. Adrian’s work was first class. Adrian quickly got to grips with the situation and inherently understood our aims and objectives, providing legal and commercial advice that helped us achieve our end-goal.”