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4 King’s Bench Walk
Georgia frequently advises and acts in relation to issues arising out of construction, property development and refurbishment. Additionally, she deals with related property matters, for example, claims in trespass, nuisance, and party wall act claims.
Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.
Recent instructions include:
• applying for a final charging order in the TCC arising out of a multi-million pound construction dispute
• representing a building company in a high value dispute relating to a statutory demand served pursuant to a personal guarantee
• representing the Defendant in respect of injunctive proceedings relating to intellectual property rights
• representing the Claimant in mediation regarding a contractual dispute concerning unsatisfactory building works
• representing a large property developer in relation to the eviction of trespassers
• representing a pharmaceutical company in proceedings pursuant to the Landlord and Tenant Act 1954
A buyer, after exchange, has granted a tenancy and is receiving rental income, but completion has been delayed and is yet to take place. What options are open to the seller? Must the buyer account to the seller for the rental income received between exchange and completion?
A commercial lease has been forfeited for non-payment of rent and the landlord wishes to grant a new lease to a new tenant. The Land Registry (LR) is insisting on serving notice on the tenant of the title closure notice application, resulting in delay before grant of the new lease. What authority is there to allow LR to delay the application and insist on serving this notice? How can this be expedited?
A house is let by a freeholder landlord (L) to a company tenant (T) under a common law tenancy. T runs a business as a landlord subletting to residents. The common law tenancy contains an express right of re-entry. T may sublet under assured shorthold tenancies. T is in breach of various obligations and the right of re-entry arises. L cannot forfeit by peaceable re-entry in view of occupiers. Can L forfeit using Form N5 and particulars of claim or is he obliged to use the N119 particulars? L cannot rely on sections 8 and 21 of the Housing Act 1988 or even comply with it since he has no details of the occupying subtenants.
A landlord granted a six-month assured shorthold tenancy in 2013 and the tenant has remained in occupation since. If the landlord serves a section 21 notice will it be invalid on the basis that the landlord has not served the tenant with an EPC and gas certificate?
A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and has since been removed. The landlord has obtained the health and safety executive notification of asbestos work and also the consignment note for the removal of the asbestos. Does the landlord still need to provide to the tenant an up-to-date asbestos survey or is the documentation showing the removal of the asbestos sufficient?
A landlord served a section 8 notice based on ground 1 on an assured shorthold tenant. The landlord served the notice three months ago. Can it now bring possession proceedings? Is there a time limit from service of the section 8 notice, after which the landlord cannot bring possession proceedings?
A landlord who has a superior landlord is granting residential leases of flats. The lease between the landlord and his tenants includes a clause which states 'the Tenant covenants with the Superior Landlord and its successors in title in their own right to observe and perform...' The superior landlord is defined but is not a party to the lease. Will this covenant be enforceable or does the superior landlord need to be a party to the lease?
A landowner proposes to undertake works on his land which involve excavation, the foundations of which will encroach onto the adjoining owner's land by one metre. It is not clear whether the foundations comprise 'special foundations' as defined in section 20 of Party Wall etc Act 1996. If the landowner obtains the adjoining property owner's consent, does section 6 of the Party Wall etc Act 1996 allow the landowner to construct the foundations in the absence of any other rights to access the adjoining owner's property?
A lease of a parking space contains a rent review on an open market basis. The lease contains a clause restricting assignments only to the owner of a particular flat in the same building (held under a separate lease).The rent review clause provides that the new rent should be that which might reasonably be demanded by a willing landlord on a lease on the same terms and conditions as the existing lease other than as to the amount of rent and length of term. There is no mention of the hypothetical tenant. Should the rent then be assessed on the basis that any person may be a tenant, but they would then only be able to assign to the owner of a particular flat, or should it be reviewed assuming that only the owner of that particular flat could be the tenant?
A reversionary lease has been granted with the term commencement date being in December 2018. Can an underlease be granted out of that reversionary lease before the term commencement date for the reversionary lease has started?
A tenant has used an access way over land owned by a third party for over 20 years. The landlord has not used the access way during that period. The tenant is in the process of purchasing the freehold from the landlord. Once the tenant completes the purchase of the freehold, can they seek to claim a prescriptive easement over the access way on the basis of their use of the land whilst they were a tenant?
A transaction completes subject to an assured shorthold tenancy (AST) with the tenant having been served a valid section 21 notice prior to completion. Does the seller or former landlord risk any liability regarding the AST post completion? The deposit was held in a tenancy deposit scheme and has already been returned to the tenant.
An AST was granted in 2004, but the deposit was not protected. Is it correct that the deposit must be returned or paid into a TDS before a section 21 notice can be served? If so, if the deposit is returned via a cheque, is sending the cheque a sufficient ‘return’ for the purposes of serving the section 21 notice? Or must the tenant have cashed the cheque?
Are alterations to a property (including repositioning a staircase, installing a new staircase and creating a roof terrace on the roof of a flat) classed as 'once and for all' breaches? If so, will a landlord have waived their right to forfeit if they have been aware of the alterations for a number of years and have continued to demand payment for rent? Is there any case law to support this?
Are breaches of a commercial lease covenant to comply with planning Acts and obtain landlord’s consent prior to applying for planning permission once and for all or continuing for the purposes of forfeiture?
Are buildings within a cathedral precinct excluded from Collective Enfranchisement claims? Is there a list or map of cathedral precincts that can be inspected online?
Are there specific service rules which apply to s20 notices which would state what the correct address for service of the s20 notice is if a tenant has two addresses, and by way of previous course of dealings, the landlord has always served on the tenants 'home' address and not the address the s20 notice relates to?
Can a beneficial owner of a reversionary interest assign that interest before the date of the reversion? If so, what date does the assignment take place, ie on execution of the assignment or on the date of reversion. Also, if a beneficiary of the assignment mentioned above dies before the reversion, is his estate entitled to that reversionary interest?
Can a joint tenant of an assured shorthold tenancy obtain an injunction to stop the other joint tenant from serving notice to quit to terminate the tenancy?
Can a landlord peaceably re-enter a property where the lease was forfeited on grounds other than non-payment of rent and no application for relief from forfeiture was made? Are there any restrictions/potential liability on/for the landlord where entry has to be forced?
Case Analysis Panel
The Society of Construction Law
The Property Bar Association, Kings College Construction Law Association
College of Law, BPTC (Very Competent) 2010
Kings College London, Construction & Dispute Resolution, MSc (Merit) 2018
Exeter University, Law LLB (2.1) 2009
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