David Wadsworth Partner
“Lucid in explaining the issues…and invariably patient, courteous and convivial in doing so… greatly appreciated his personal advice, guidance and support.”
“Very robust in his approach and ‘a real pleasure to work with.”
David primarily acts on property-related disputes, including professional negligence claims, within the Litigation & Dispute Resolution team in London. Further, David acts for clients in resolving disputes centring around deceased estates.
Main areas of practice
Property disputes: landlord and tenant claims including: contested possession claims and uncontested claims for new business tenancies under the Landlord & Tenant Act 1954; possession including forfeiture, terminal claims including for loss of rent and dilapidations and break notice validity claims; service charge disputes; trespass and unauthorised works claims; rent review; rights of light.
Professional negligence disputes: including claims against solicitors, surveyors and architects especially arising out of property matters such as missed time limits for lease extension claims under the Leasehold Reform, Housing & Urban Development Act 1993.
Deceased estate disputes: claims under the Inheritance (Provision For Family & Dependants) Act 1975 including limitation issues arising out of such claims; Will validity challenge claims including Mutual Wills; disputes concerning Will legacies.
David acts for clients ranging from individuals, partnerships, small and medium sized businesses through to public limited companies.
- Defending a claim for possession under the redevelopment rights contained in the Leasehold Reform, Housing & Urban Development Act 1993 and advising on all other legal steps to secure a successful outcome.
- Defending a contested claim for a new business tenancy under the Landlord & Tenant Act 1954 and successfully securing payment of compensation for agreeing to give up the tenancy before the tenancy terminated.
- Resolving a hotly contested Mutual Will dispute between two parts of the same family (of the deceased’s first and second wives) following an intense mediation and redrafting the relevant Will provisions to achieve certainty for all parties as their relationship continued whilst the deceased’s second wife remained alive so as to minimise any further dispute arising about the Will in the future.
Well versed on dispute resolution via ADR including settlement by without prejudice meetings/negotiations and mediations, often resulting in an outcome by agreement that a Court could not have awarded.
Considering at the outset the viability of certain claims and minimising the prospect of a pyrrhic victory (where, for example, an award of damages and costs might be made but are unenforceable).
“We would like to take the opportunity to thank you very, very much for your excellent work over the past five years with our difficult family saga...”
“Masterful professionalism…formidable knowledge… generous support… immensely helpful.”
Failure to provide Gas Safety Certificate before Residential tenancy occupation prevents possession claims
Our expert takes a look at recent cases where failure to provide a Gas Safety Certificate before Residential tenancy occupation prevents possession claims under Section 21 of the Housing Act 1988.
We look at a decision that affects landlords and tenants and works carried out. Much greater emphasis will now need to be placed by those advising landlords to demonstrate unconditional intentions in carrying out their works.
As a consequence of the recent change in the planning law within London, there has been a reported increase in property owners using Airbnb or similar sites to make income from their properties.
Related Knowledge & Resources
A recent Court of Appeal case in January 2019 has provided a useful analysis on using SAAMCO to distinguish between 'advice' and 'information' cases involving financial professional negligence.
While we await the new date for the Property Boundaries Bill to be considered in the House of Commons Our expert looks at the Bill and how it will revolutionise boundary disputes.
When assessing damages in personal injury and clinical negligence claims future losses need to be taken into consideration. Our article explains how the discount rate works when making a claim.