Robert Weatherley

Year of Call: 2011
Email Address: robert.weatherley@3pb.co.uk
Telephone: 01202 292 102

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Overview

Predominantly a property based practitioner, Robert Weatherley’s areas of work focus on land, commercial and residential landlord/tenant law and planning disputes. Recent work has included instructions to advice and represent in the First Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber), the County Court  and the High Court (Judicial Review).

Robert is the co-author (with William Webster, also of 3PB) of the textbook “Restrictions on the Use of Land”. The text represents a 700 page volume focusing on the day to day problems faced by developers, land lawyers and other professionals involved in the development of land. The text includes a foreword from Lord Neuberger PSC.

Outside of Chambers, Robert has taught at the University of Warwick since 2011 and is pursuing further study at Oxford University.

Expertise

  • Property and Estates
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    Land and Planning

    Robert has particular interest and expertise in traditional land matters. In 2016 he published (with William Webster, also of 3PB) a textbook on the “Restrictions on the use of land” (Wildy, Simmonds and Hill). The book – and Robert’s practice - focuses on: public rights of way, easements, restrictive covenants and building schemes, applications to list buildings as assets of community value, village greens applications, adverse possession and boundary disputes. The book also deals with elements of planning law and Robert advises in relation to enforcement action in both the Crown and Magistrates’ Court (as well as on appeal to the Secretary of State).

    Recent cases

    • Acting for the objector (as junior to William Webster) at a public inquiry relating to a large scale development in Exeter
    • Instructions to advise and represent in relation to the discharge of obsolete covenants by way of application to Upper Tribunal (Lands Chamber)
    • Instructions to advise and represent in the High Court (as junior to William Webster) in relation to an application to list land as a town or village green pursuant to the Commons Act 2006
    • Instructions to advise and represent in relation to boundary disputes and cases of adverse possession
    • Trespass actions, including those where prescriptive easements are counterclaimed
    • Advice in relation to the enforceability of restrictive covenants including those relating to building schemes
    • Advice in relation to the enforceability of pre-1925 covenants in relation to unregistered land
    • Nuisance claims against a local authority and associated advice in relation to the flooding of agricultural land
    • Advice and representation in relation to interferences with easements
    • Advice and representation in relation to disputes as to beneficial ownership of residential property in the absence of express trust declarations


    Residential landlord/tenant and housing

    Robert accepts instruction on behalf of both landlords and tenants and is able to assist in all matters that relate to residential leases. In addition to possession and demotion claims,  injunctive relief and advice in relation to leasehold enfranchisement and disrepair, Robert deals with cases before the First Tier Tribunal (Property Chamber).

    Recent work

    • Instructions to advise and represent in relation to service charge disputes in the First Tier Tribunal (Property Chamber)
    • Instructions to advise and represent in the First Tier Tribunal (Property Chamber) in relation to the revocation of an HMO licence
    • Fast and multi-track possession claims, particularly those involving technical defences under the Equality Act 2010 and claims of disability discrimination
    • Instructions in relation to implied easements in the context of a poorly drafted sub-lease, where the landowner (the Crown, the land being escheat) was refusing to become involved in the management of the block of flats
    • Instructions to advise and represent in Judicial Review proceedings, including those in relation to homelessness and local authorities’ duties under Part VII of the Housing Act 1996
    • Advice in relation to adverse possession in the context of leasehold property
    • Advice in relation to lease extension
    • Advising the Housing Ombudsmen in relation to complaints made to them pursuant to the Housing Ombudsmen Scheme
    • Reviews in the County Court pursuant to S.204 of the Housing Act 1996 where the applicant is seeking to appeal the decision of the local authority


    Commercial property

    Robert advises on all matters relating to commercial leases from simple s.25 notices and forfeiture to dilapidation claims in the High Court. He is able to provide advice on the interpretation and enforcement of leasehold covenants and rent reviews. Robert’s land and residential landlord/tenant practice compliments his knowledge of commercial property.

    Recent work

    • Multi-track dilapidation claims, including those involving technical defences on the basis of s.18 of the Landlord and Tenant Act 1927
    • Advice and representation in relation to forfeiture actions
    • Representation in relation to applications to the Court for a grant of a new tenancy following service of a s.25 notice

    Publications

    • 28th Jul 2017

      Journal of Planning and Environment Law publishes a superb review of Webster and Weatherley’s “Restrictions on the Use of Land”.

      In a review authored by Dr Ashley Bowes, the Journal of Planning and Environment Law has positively commented on “Restrictions on the Use of Land”, William Webster and Robert Weatherley’s planning law reference book.

      Click below to read the review.

      Published by Wildy, Simmonds & Hill the book covers the law and practice in a number of fields which impact the use of land and there is considerable focus on remedies for the infringement of rights in, on or over land. The areas covered include: easements, town and village greens, public rights of way, restrictive covenants, assets of community value and elements of planning law.

      View Publication

Academic qualifications

  • LL.M, University College London
  • LL.B (Hons), University of Warwick

Scholarships

  • Harmsworth Scholar (Honourable Society of the Middle Temple)

Professional bodies

  • Middle Temple
  • Property Bar Association
  • South Eastern Circuit
  • Western Circuit

Direct Access

Robert Weatherley is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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