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Sarah Finch is a Partner in the Real Estate Litigation Team
Sarah’s practice covers the full range of commercial landlord and tenant real property law. She acts in an advisory capacity, undertakes general management work for investor landlords and tenants and also conducts larger pieces of litigation in the county and high courts. In the landlord and tenant arena this includes business lease renewals (opposed and unopposed), dilapidations, telecoms disputes and tenant breach (including forfeiture and injunctive relief). Sarah’s real property work covers, amongst other things, advice and litigation in relation to easements (including rights to light), restrictive covenants and trespass both in terms of squatters and boundary disputes.
She specialises in residential real estate litigation, with a particular focus on leasehold enfranchisement, rights of first refusal and service and estate rent charge disputes. Her role is to provide advice, run lease extension and collective enfranchisement claims and conduct larger pieces of litigation in the courts and tribunals. Her clients include ground rent investor landlords, overseas investors and high net worth individuals. Sarah’s experience in both the commercial and residential sectors means she is able to provide a full service to investor and developer clients.
Sarah also advises and acts in relation to property related insolvency matters and contractual disputes; including claims for specific performance, rescission and claims in the administration of companies.
A landlord accepts a surrender of a lease from its tenant. However, the parties have agreed that the tenant will continue to pay rent until the property is let. What is the effect of this arrangement? Does it mean that the lease remains in existence? Does it change the position if the tenant has remained in occupation?
Can a landlord forfeit a commercial lease for non-payment of rent following a hostile LTA 1954 section 25 notice being served where rental payment has fallen due but remains unpaid following service of the section 25 notice or would this amount to waiver?
Do rights of light provisions in a transfer of part bind the buyer’s successors in title? For example, on a sale of part from B to A: there is no express grant of rights of light to A and the transfer expressly prohibits A from acquiring a right to light over the retained land by implication or prescription. Will such provisions bind A’s successors in title?
In a terminal dilapidations claim where the landlord has carried out some, but not all, of the works in the schedule of dilapidations, would the landlord be limited to claiming the costs of the works only where this is less than the section 18 valuation? Does the statutory cap in the first limb of section 18(1) of the Landlord and Tenant Act 1927 also limit any claims for legal and surveyors fees and consequential losses, such as loss of rent?
Is a notice under section 21 of the Housing Act 1988 valid if the deposit was protected within 30 days, the prescribed information (other than the deposit protection certificate) was given to the tenant before the date the deposit was protected in a tenancy deposit scheme, but the deposit protection certificate was not given to the tenant for over one year after collection of the deposit from the tenant?
The customer is filing a claim for possession using the accelerated possession procedure. If the matter is dealt with solely on the paperwork (as is usual) and the Judge grants an order for possession then there is usually an order for fixed costs. However, the tenancy agreement makes provision for costs to be paid by the tenant. Is it possible to include a claim all landlord’s costs to be considered by the Judge in the particulars and, if so, how should this be dealt with?
Where a residential property owner has allowed a family member to solely occupy a residential property for five years without any formal lease in place and without paying any rent (but paying for maintenance and outgoings in relation to the property), how should the property owner proceed to gain possession and is a formal notice to seeking possession or to quit required?
BPP Law School LPC 2005
City University CPE 2003
Kings College, London BA (Hons) - 2002
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