Richard Cherry
Call: 2009
Senior (10+ yrs call)
Senior (10+ yrs call)
Richard Cherry undertakes a wide range of chancery, commercial and property cases, with particular expertise in landlord and tenant issues.
Richard advises and appears for both landlords and tenants in residential and commercial possession claims with wide experience of disrepair and dilapidations, unlawful eviction and public law defences across the full range of Private and Public Sector, ASTs, assured, secure, non-secure and Rent Act tenancies.
He also has significant experience of cases involving covenants – including applications to release or modify restrictive covenants - service and administration charge disputes, leasehold enfranchisement and competing claims for registration and frequently appears in the First Tier Tribunal.
He is acknowledged as a leading authority in cases concerning the Gas Safety Installation and Use Regulations 1998 and their application to Section 21 possession claims having been instructed in both cases to have gone beyond first instance and in the only such case to be heard in the Court of Appeal (currently awaiting permission to appeal to Supreme Court).
Richard advises and appears for both landlords and tenants in residential and commercial possession claims with wide experience of disrepair and dilapidations, unlawful eviction and public law defences across the full range of Private and Public Sector, ASTs, assured, secure, non-secure and Rent Act tenancies.
He also has significant experience of cases involving covenants – including applications to release or modify restrictive covenants - service and administration charge disputes, leasehold enfranchisement and competing claims for registration and frequently appears in the First Tier Tribunal.
He is acknowledged as a leading authority in cases concerning the Gas Safety Installation and Use Regulations 1998 and their application to Section 21 possession claims having been instructed in both cases to have gone beyond first instance and in the only such case to be heard in the Court of Appeal (currently awaiting permission to appeal to Supreme Court).
Expertise
Richard is experienced in advising on Commercial and Traditional Chancery matters, including declarations and orders under TOLTA and in beneficial ownership disputes between unmarried cohabitants and family members, boundary/neighbour disputes, easements and adverse possession, trust, contractual disputes, as well as commercial debt recovery and enforcement.
Richard is frequently instructed in a wide range of contentious probate issues including formal validity of wills, fraud, want of knowledge and approval and capacity.
He has a strong reputation for his expertise in mediation and negotiation where his mature, practical approach and ability to build rapport with both clients and opponents secures advantageous settlements.
Having spent 18 months, before coming to the Bar, working with the housing team at North Kensington Law Centre, Richard is particularly well-known for his deep understanding and experience of housing matters, including possession and disrepair as well as allocations issues, homelessness applications and appeals.
Richard is frequently instructed in a wide range of contentious probate issues including formal validity of wills, fraud, want of knowledge and approval and capacity.
He has a strong reputation for his expertise in mediation and negotiation where his mature, practical approach and ability to build rapport with both clients and opponents secures advantageous settlements.
Having spent 18 months, before coming to the Bar, working with the housing team at North Kensington Law Centre, Richard is particularly well-known for his deep understanding and experience of housing matters, including possession and disrepair as well as allocations issues, homelessness applications and appeals.
Recent cases
Trecarrell House v Rouncefield [2020] EWCA Civ 760; [2020] 1 W.L.R. 4712 – sole counsel in both County Court and Court of Appeal for the tenant in this groundbreaking case on how the gas safety regulations should be applied in Section 21 possession claims. Leave to appeal to the Supreme Court has been sought in this major case.
Caridon Properties v Shooltz – 2 February 2018: 2018 WL 05822845; [2018] 2 WLUK 712 instructed for the successful tenant establishing the principle that where a Landlord has failed to give a copy of the last Gas Safety Record before a tenant begins to occupy they cannot thereafter rely on a Section 21 Notice.
X, Y, Z, A v B, C & D - Seven-day Chancery division contentious probate trial representing the executor and beneficiaries against other beneficiaries. This involved points of proprietary estoppel, capacity, want of knowledge and approval.
Caridon Properties v Shooltz – 2 February 2018: 2018 WL 05822845; [2018] 2 WLUK 712 instructed for the successful tenant establishing the principle that where a Landlord has failed to give a copy of the last Gas Safety Record before a tenant begins to occupy they cannot thereafter rely on a Section 21 Notice.
X, Y, Z, A v B, C & D - Seven-day Chancery division contentious probate trial representing the executor and beneficiaries against other beneficiaries. This involved points of proprietary estoppel, capacity, want of knowledge and approval.
Chambers & Partners and Legal 500 Rankings
Practice Areas
Awards
Memberships
Property Bar Association
Chancery Bar Association
Chancery Bar Association
Publications
Education
Richard Cherry's posts