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 advise 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.
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Land and Planning
Robert has particular interest and expertise in traditional land cases. In 2016 he published (with William Webster) a textbook on the “Restrictions on the use of land” (Wildy, Simmonds and Hill). The book focuses on: public rights of way, easements, restrictive covenants, applications to list buildings as assets of community value and village greens applications. Robert has expertise in all of these areas as well as adverse possession, boundary disputes and planning enforcement.
- Instructions to act as Junior Counsel at a 3 day hearing in the Chancery Division in a case revolving around the enforceability of restrictive covenants on land worth over £100 million
- 4 days in the First Tier Tribunal (Property Chamber) representing 7 applicants in their application for prescriptive easements
- 2 days in the First Tier Tribunal (Property Chamber) representing a developer in their objection to the registration of a prescriptive right of way over land with planning permission
- Instructions to advise and represent in the First Tier Tribunal (Property Chamber) in relation to a claim for adverse possession of registered land under Pre-Land Registration Act 2002 rules
- 7 days at a non-statutory inquiry acting for the objector (as junior to William Webster) at a public inquiry relating to a large scale development in Exeter (Village Green Application)
- Instructions to advise and represent in relation to the discharge of covenants which impede reasonable user, by way of s.84 application to the Upper Tribunal (Lands Chamber)
- 4 days in the County Court in relation to a case revolving around boundary disputes, adverse possession and the flooding of agricultural land
- Advice in relation to the enforceability of restrictive covenants including those relating to building schemes
- 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 forfeiture claims, injunctive relief and advice in relation to disrepair, Robert deals with leasehold enfranchisement, lease extension and service charge disputes.
- Instructions to advise and represent 42 tenants in relation to the ability of their landlord to recover £3.2m in service charges for inherent defects in the structure of their building
- 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.
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.
- Instructions to advise and represent a commercial landlord in their action for forfeiture where a third party was seeking to prevent possession by way of a counterclaim for proprietary estoppel
- 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 applications to the Court for a grant of a new tenancy following service of a s.25 notice.
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.
- MSt, University of Oxford (Distinction)
- LL.M,University College London (Merit)
- LL.B (Hons), University of Warwick
- Harmsworth Scholar (Honourable Society of the Middle Temple)
- Middle Temple
- Property Bar Association
- South Eastern Circuit
- Western Circuit
Robert Weatherley is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information
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 ...Read more
The Law Society Gazette reviews William Webster and Robert Weatherley's Book: "Restrictions on the Use of Land"
3PB planning and land experts William Webster and Robert Weatherley's book has been reviewed by planning solicitor Kate James of TLT in the Law Society Gazette....Read more