Clare McKay

Clare works with commercial landlords and tenants at all levels to provide immediate and effective assistance with time-sensitive disputes, alongside providing longer-term strategic advice to help with property portfolio management (including managed exits, renewal strategies, lease regears and structured dilapidations’ settlements).

She also works with transactional colleagues on both landlord and tenant lease drafting to be proactive in minimising risk with break options and other termination events, and to future plan for dilapidations.

Clare provides clarity for both sides on the extent of lease obligations, termination rights and the expected state and condition the property is to be returned in to minimise costly and time-consuming disputes later down the line.

When disputes do occur, Clare works with clients to identify the most commercial solution at the earliest point possible to avoid litigation risk and court costs.

Examples of Clare’s work include:

• Defending three opposed lease renewal claims until a commercially-viable exit was agreed which involved a substantial compensation uplift for relocation and a waiver of all dilapidations liability.
• Pursuing a significant terminal dilapidations claim through the courts until a commercially-acceptable settlement could be reached between the parties.
• Inputting into a client’s precedent agreement for lease to allow for simpler contractual termination (and possible costs recovery) when landlord conditions have not been met.
• Recovering a client’s business interruption losses from intrusive scaffolding.
• Recovering possession of a central London property from trespassers.