Naomi advises on a wide range of contentious landlord and tenant matters including business lease renewals, dilapidations, break rights and service charge disputes. Her experience also includes advising on issues relating to real property, including adverse possession claims, covenants, easements and boundaries and rights of way as well as property-related insolvency issues and professional negligence.
Recent experience includes:
- Acting in a complex and highly contentious dispute concerning the interpretation of an easement granted over our freeholder client’s property.
- Advising on the tort of conspiracy by unlawful means in relation to the termination of property rights.
- Advising a landlord client on issues arising from the insolvency of its tenant and in particular its rights and responsibilities under the Torts (Interference with Goods) Act 1977 in relation to the substantial quantity of stock abandoned by the tenant.
- Successfully opposing a demand for a six-figure service charge contribution received by a corporate occupier in the last year of its long lease.
- Acting for the landlord of a shopping centre in connection with multiple and contemporaneous lease renewals.
- Advising in relation to a potential claim arising out of the designation of a property as an Asset of Community Value and the impact of that designation on the proposed sale of the asset for redevelopment.
- Acting for a freeholder in connection with tenant breaches of their long residential leases, including advising on the economic tort of inducing or procuring a breach of the leases by a third party.
- Advising in relation to a protracted, contentious and very technical dispute concerning the disruption of a ground water supply.
Naomi also has a particular interest in rent review and has worked on a number of significant instructions including:
- Advising on the late implementation of rent reviews by a landlord and the circumstances in which time will be of the essence.
- Advising a tenant on resisting its landlord’s attempts to seek a substantial increase to the rent on the basis of a so-called ‘special purchaser’ argument.
- Acting for the tenant in a complex and contested rent review arbitration concerning the interpretation of a ground rent review clause in 125-year lease.
- Acting for the landlord in a very long-running and extremely contentious rent review arbitration which included arguments around development value of an industrial site.
- Advising a landlord of a dilapidated premises in relation to the tenant’s argument that the rent should be reduced at review as a consequence of the premises’ poor state of repair.