3PB Barristers’ Matthew Cannings, who heads the Property & Estates team reviews Trecarrell House decision on landlords’ eviction rights and gas safety certificates.
Property and Estates
Matthew is the Head of 3PB’s Property and Estate’s Group and his property practice encompasses real property and landlord and tenant disputes and includes matters of easements, covenants, boundary disputes (including trespass and nuisance) and adverse possession as well as commercial and residential landlord and tenant issues including forfeiture and lease renewals. Along with substantial trial experience, Matthew has experience of interim remedy applications, including those required at very short notice.
His real property work includes all aspects of land disputes, including neighbour disputes and claims involving the Party Wall etc Act 1996, and Matthew works hard with his clients to utilise alternative dispute resolution options including, in particular, formal mediations, and to avoid litigation progressing to determination at trial wherever possible. Given the nature of this work, Matthew is experienced in acting in matters against litigants in person.
Matthew’s landlord and tenant work includes representing landlords and tenants in commercial disputes and, primarily, landlords in residential disputes. Matthew has experience of acting for breweries in pub-based commercial landlord and tenant matters and acting for banks and building societies in claims involving defaulting mortgagors. Matthew also has experience of acting for utility companies in relation to warrants of entry in residential, commercial and agricultural land under the Electricity Act 1989 and the Rights of Entry (Gas and Electricity Boards) Act 1989.
Whilst Matthew regularly appears in the High Court and County Court, he has also experience of appearing before the various specialist tribunals, including First-tier Tribunal Property Chamber and its predecessors the Adjudicator to HM Land Registry and Leasehold Valuation Tribunal.
He regularly provides seminars and lectures to solicitors and business clients on the various aspects of property law.
- J v R (2019, First-tier Tribunal Property Chamber (Residential Property)) – Representing a long leaseholder in a claim against the freeholder for the appointment of a manager under s. 24A of the Landlord and Tenant Act 1987 and an order under s. 20C of the Landlord and Tenant Act 1985.
- Trecarrell House Ltd v Rouncefield – Representing the landlord respondent in the first appeal of a claim relating to the same issues as those raised in Caridon Property Ltd v Shooltz (as to which, see directly below).
- Caridon Property Ltd v Shooltz  WLUK 712 – Representing the landlord appellant in an appeal relating to service of a gas safety certificate and possession proceedings under section 21 of the Housing Act 1988.
- W v E (2018, County Court) – Representing a landowner in a claim relating to the Party Wall etc Act 1996; the dispute related to whether the information given by the neighbouring landowner to the party wall surveyors was accurate and how this affected the award which was subsequently made by the surveyors.
- Edgeworth v Manley (2018, County Court) – Representing homeowners in a dispute with their neighbour relating to the relocation of a boundary fence on the day of completion of the purchase of their home.
- A v B (2018) - Acting for a utility company to enter agricultural land in order to maintain electrical lines and poles situated on the land where the landowner was refusing to grant such access and also failing to maintain trees on his land which were interfering with the lines.
- A Local Authority v A (2017, County Court) – Representing a local authority, acting on behalf of a school, seeking to obtain an injunction against a parent of a child at the school, preventing them from entering the school premises or harassing members of staff.
- A Local Authority v Persons Unknown (2016, 2017, High Court) – Representing a local authority to obtain an injunction against Persons Unknown preventing them from occupying a park and ride site and then subsequently seeking to obtain an order for permission to issue a writ of sequestration on the basis of non-compliance with the injunction.
- Williams v Johnson and others  All ER (D) 17 (Jan) – Representing land owners in a six-day trial involving issues of boundary identification, interpretation of restrictive covenants and allegations of flooding, harassment and breach of covenant.
- S v W (2016, County Court) – Representing the Defendant vendors in a claim of alleged fraudulent and/or negligent misrepresentation in relation to completion of a Sellers’ Property Information Form prior to the sale of residential property.
- B v I (2015, County Court) – Representing the Defendant in proceedings for an anti-social behaviour injunction under the Housing Act 1996.
- J v S (2015, County Court) – Representing a tenant company which had entered in to a CVA in a claim for relief from forfeiture.
- B v M (2015, County Court) – Representing freehold land owners in a dispute involving the enforceability of an alleged licence granted by a predecessor in title to a leaseholder.
- B v P (2015, County Court) – Representing residential landlord in a residential possession claim that progressed to a fully-contested trial on the basis that the occupiers had acquired rights to remain in the property despite, it was alleged, never having been granted a tenancy.
- T v S (2014, County Court) – Representing a landlord in a residential possession claim that progressed to a fully-contested trial on the basis of alleged protection arising from the Rent (Agriculture) Act 1976 afforded to the tenant’s father.
- B v M (2013, County Court) – Representing a landlord in a commercial landlord and tenant dispute relating to the possible granting of a business tenancy under the Landlord and Tenant Act 1954. The tenant had entered the property prior to final agreement of the tenancy. The matter primarily concerned whether the tenant was in possession of the property under a tenancy at will or a protected business tenancy.
- D v E (2011 - 2013, Adjudicator to HM Land Registry and Chancery Division) – Representing respondents in their objection to first registration of unregistered land on the basis of adverse possession. The matter involved an appeal in the Chancery Division on the basis of new evidence and a partial re-trial before the Adjudicator.
- K v M & F (2012, County Court) – Representing a landlord of social housing in a matter involving an anti-social behaviour injunction under the Housing Act 1996 and contempt of court proceedings for breaches of the injunction.
- Taafe v Acanthus Golf Ltd (2012, Chancery Division) – Representing a golf club in an interim injunction application in relation to a nuisance claim. The Claimants alleged that a nuisance was being caused by golfers at the Golf Club striking golf balls on to their land.
- B v C (2011, Chancery Division) - (Initially, ex parte) application for an interim injunction against neighbouring land owner given alleged failure to comply with the provisions of the Party Wall etc Act 1996.
Case update: Trecarrell House Ltd v Rouncefield  EWCA Civ 27019th Jun 2020
Residential Landlord and Tenant Covid-19 Update21st Apr 2020
3PB’s Head of Property and Estates Group Matthew Cannings and Alex Leonhardt, pupil barrister, have produced an update for residential landlords and tenants during the coronavirus pandemic. The article considers the implications of the Coronavirus Act 2020 and Practice Direction 51Z of the Civil Procedure Rules and what the new provisions mean for residential landlords and tenants, including the imposition of a 90-day stay on most possession proceedings and the new three-month notice requirement.
Solicitors’ duty to advise on the risk of contractual meanings2nd Mar 2017
3PB Barrister Matthew Cannings examines solicitors' duty to advise on the risk of other contractual meanings. If a solicitor correctly interprets a term within a contract, but fails to advise the client as to the risk of a counter-interpretation, has there been a breach of duty? And can there be a claim for damages?
Matthew Cannings (Call 2006) analyses the most recent contribution of the Court of Appeal to the question of solicitors' duties, in Balogun v Boyes Sutton & Perry (a firm)  EWCA Civ 75.
Handles a wide range of landlord and tenant disputes. He is also equipped to advise on easements and boundary disputes relating to both residential and commercial property. He also handles gas safety disputes.
Strengths: "He responds sensitively to the client’s position while reinforcing commercial considerations and ensuring instructions are fully explored." "Matthew deals with instructions efficiently and with clarity."
Recent work: Acted for the respondent landlord in Trecarrell House Ltd v Rouncefield, a County Court appeal relating to a gas safety certificates and Section 21 notices.
Chambers & Partners UK Bar Directory 2021 - Real Estate Litigation Western circuit - Band 3‘
Strengths: "He is a very reliable commercial adviser who is flexible and supportive." "He is a very good trial advocate and takes a very pragmatic approach in problem solving."
Recent work: Successfully acted for a claimant in a case involving allegations of trespass, nuisance and harassment, as well as a claim for rectification of the Land Registry.
Chambers & Partners UK Bar Directory 2020 - Real Estate Litigation Western circuit - Band 3‘
A strong trial advocate with a concise and approachable style.’
Legal 500 2021/Regional Bar - Western Circuit, Property and construction– Leading juniors
‘Knowledgeable, thorough, and client-friendly.'
Legal 500 2020/Regional Bar - Western Circuit, Property – Leading juniors
- LLB (Hons) AKC – King’s College London
- LLM (Dunelm) – University of Durham
- Bar Vocational Course – Nottingham Law School
- A Blackstone Entrance Exhibitioner of the Middle Temple
Professional qualifications & appointments
- Appointed Deputy District Judge, 2019
- Member of the Attorney General’s Regional Panel of Junior Counsel to the Crown 2012 – 2018.
- Property Bar Association
- Chancery Bar Association
- Western Circuit
Matthew Cannings is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information