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Helen is a Partner in the Property Litigation and Telecommunications teams.
Helen advises on commercial property disputes, including the resolution of dilapidations claims, contested business lease renewals, lease termination through forfeiture, disputes arising out of options and overage agreements, breach of contract or covenant claims.
Helen is experienced in telecommunications law and the resolution of disputes concerning telecommunications leases, mast removal or projects to make way for proposed developments.
Helen acts on behalf of landlords, tenants, landowners, developers and private and corporate investors.
Recent examples of how Helen has helped clients include:
- securing the removal of a telecommunications mast from a site earmarked for redevelopment in central London, despite the mast operator having extensive security of tenure rights under the provisions of the Electronic Communications Code;
- settling a professional negligence claim for a commercial tenant over the incompetent drafting of a rent review provision in their lease which exposed them to an additional rent liability of £1.5 million, having previously persuaded the landlord to renegotiate the provision in order to mitigate the tenant’s loss;
- clearing a tenanted multi-million-pound redevelopment site by serving lease termination notices which triggered discussions with tenants around early surrender and the grant of new fixed term lettings in order to give the developer certainty as to when vacant possession could be achieved;
- successfully defending a £500,000 terminal dilapidations claim for a commercial tenant by discrediting evidence produced by the landlord’s expert during the course of court proceedings which led to the claim being withdrawn; and
- securing a five year extension to an option agreement for a national housebuilder in the face of stiff opposition from the landowner who wanted the option to expire at the end of its original term so they could sell to someone who would unlock its development value sooner.
Richard is a Partner in the Property Litigation team.
Richard works with commercial property owners, investors, developers, landlords and tenants helping them to manage the risks associated with property ownership or occupation.
Richard advises clients on matters relating to forfeiture, service charges, possession proceedings, lease renewals, rent reviews, restrictive covenants, easements, nuisance claims, boundary disputes, adverse possession, trespass, site clearance, redevelopment and property related telecommunications matters.
Richard has specialist expertise in complex interim and terminal dilapidations claims, particularly those involving diminution valuation issues. He has secured significant seven-figure sums for landlords and defended high value dilapidations claims, through court action or alternative dispute resolution, and he often presents on this topic to the RICS.
Richard also has significant experience of acting for telecommunications Site Providers in the removal of mobile phone masts from land to make way for redevelopment projects and advises upon matters relating to the Old and New Electronic Communications Code.
Richard acts for housebuilders and developers in disputes arising during promotion and site assembly and after construction, such as in regard to grants, options, overage and clawback provisions – successfully securing sizeable payments for his clients.
He works with commercial property owners, investors, developers, landlords and tenants funds, business park owners, REITs, national retailers and national housebuilders. Clients include Barratt David Wilson Homes, Airea PLC, Yorkshire Water and Keyland Developments.
Recent examples of how Richard has helped clients include:
- securing vacant possession of a significant retail property in central Leeds to facilitate its onward redevelopment into a boutique hotel;
- ensuring that over 100 off-plan purchasers had to complete their purchases of central Leeds residential apartments after a downturn in the market, thereby securing the developer’s return on its investment;
- removing telecommunications equipment from the top of a block of student accommodation in Stratford, London, to facilitate its onward redevelopment as luxury residential accommodation;
- securing a payment of £2.1 million for the the landlord of an 11-storey office block in a dilapidations dispute; and
- securing £1.1 million for a landlord of open storage land in a dilapidations dispute.
Michael is a Partner in the Property Litigation team.
Michael advises on contentious complex and high value dilapidations disputes, and breaches of repairing covenants in commercial property leases. In addition to enforcing leasehold contractual terms, he manages and identifies potential commercial property risk, such as tenant default or failure to comply with leasehold obligations.
Michael also advises on telecommunications infrastructure and related disputes, such as threat of litigation by telecoms operators to acquire rights over property; issues around telecoms apparatus already installed on land or property; and he helps to secure the removal of electronic communications apparatus when an owner intends to redevelop property or land.
Michael acts for landlords and tenants, landowners, institutional property investors and property companies, developers and local authorities.
Recent examples of how Michael has helped clients include:
- securing a favourable settlement for the landowner in relation to the grant of a new telecoms site lease, under the provisions of the Electronic Communications Code and the Digital Economy Act 2017;
- successfully defending a £7.3 million claim by a landlord for breach of repairing and other covenants based on valuation principals, one of the largest reported dilapidations claims of recent years; and
- reducing a dilapidations claim from £2.3 million to zero by taking the initiative in pursuing court action against a former landlord, in circumstances where the landlord would normally pursue a claim against the tenant.
Kieran is a Partner in the Real Estate team.
Kieran deals with investment sales and purchases, provides advice on the structuring of commercial property transactions and undertakes asset management for complex estates with mixed-use premises, including associated landlord and tenant work. He also advises on property finance.
Kieran is a specialist in property related to telecommunications infrastructure, negotiating bespoke agreements for landowners which restrict operator rights in order to preserve asset value and property development potential.
Kieran has extensive experience in dealing with business parks, industrial estates, retail premises and inner city office blocks.
Kieran acts for landowners, landlords and tenants and the management teams of landed estates. Current clients include property investment and development company Evans Property Group, property portfolio owner Edwin Woodhouse & Co Ltd, development and investment specialists Rushbond plc, Plaxton Park Industrial Estate, Living Care Pharmacy, Savile Estate and the Ramac Group.
Recent examples of how Kieran has helped clients include:
- completing the sale of a multi-let industrial estate in Leeds for Evans Property Group in a deal agreed with a national supermarket which had earmarked the site for redevelopment;
- managing the letting of space within a former textile mill (Sunny Bank Mills, Farsley) which has been converted into office, retail, leisure and workshop space by Edwin Woodhouse & Co Ltd;
- negotiating telecommunications agreements and associated wayleaves on behalf of a London local authority to facilitate a planned upgrade of equipment to receive 5G;
- negotiating telecommunications agreements for the owners of a landmark central London skyscraper on terms which restrict the operator’s rights to the fullest extent possible under the Electronic Communications Code; and
- acquiring a multi-let retail investment property in Harrogate for Rushbond plc which has significant potential for future development.
Tim is an Associate in the Property Litigation team.
Tim advises on commercial and residential property and lease disputes related to easements and restrictive covenants, boundaries, nuisance claims, trespass and squatter actions, mortgage claims and breach of contract for the sale of land.
Tim is experienced in establishing or objecting to private and public rights of way, proposed rights of way for vehicle access, footpaths or access to properties.
Tim advises on contested and uncontested landlord and tenant issues, undertaking matters related to business lease renewals, breach of covenant and disrepair, service charges and rent arrears, as well as advising on breach of quiet enjoyment, forfeiture, self-help remedies, agricultural tenancies, and leasehold enfranchisement.
Tim often acts for landowners in disputes with telecommunications network providers over property matters, as well as acting for tenants and landlords, developers and property managers, retail organisations, insurance companies, government departments and local authorities, banks and building societies.
Recent examples of how Tim has helped clients include:
- ensuring a development could proceed by establishing access through historic rights of way, and that landowners’ title allowed only rights to graze, not ownership;
- enabling a local authority to develop a residential site by opposing a football club’s end of lease tenant request for a new business lease, on grounds of requisite intention to develop;
- facilitating completion of an element of a major national rail infrastructure project by establishing that an obstructive tenant had no continuing rights of occupation; and
- ensuring a builder could sell land developed for social housing by enforcing a contract to purchase at an agreed price, despite the buyer’s claim of pricing errors in the contract.