Rachael is an experienced real estates dispute partner with over 20 years’ experience, having previously worked as the Head of Real Estates Disputes at Sherrards LLP and Spearing Waite and then from 2018 at Knights plc.
Rachael advises on the full range of contentious property issues but has particular emphasis on:
- Termination of leases
- Rights of way disputes
- Breach of covenants and title disputes
- Complex boundary disputes
- Property related professional negligence claims
- Service charge and rent review disputes
- Nuisance and Trespass claims
- Possession Claims (commercial and residential)
- Break rights
- Landlord and Tenant 1954 Act renewals
- Party Wall disputes/injunctions
- Rights of light issues
- Co-Ownership disputes and orders for sale
- Rent arrears and enforcement rights
Rachael’s work is both advisory – to avoid and/or settle disputes - as well as involving the conduct of litigation. Rachael is a keen advocate of mediation within litigation where she assists by unlocking creative solutions always with the primary objective of protecting her client’s proprietary interests.
Rachael has acted for developers to institutional investors, private estates, charities, housing associations, local councils, high net worth individuals, private landlords and tenants as well as widely known retail clients. A recent notable case being Dreams Limited-v-Pavilion Property Trustees Limited & Anor  WHC 1169 (Ch) which established that whilst a failure by a tenant to pay damages for dilapidations was not a condition of completion of an agreement to surrender a lease, a failure by the tenant to deliver vacant possession was.
Acting for both landlords and tenants ensures that Rachael is always alive to the concerns that affect her clients and ensures that her advice is comprehensive and pragmatic.
Some examples of how Rachael has helped clients include:
- Acting for a private landowner in an action for the removal of a structure built on adjoining land without permission or plans in breach of an enforceable restrictive covenant which reduced the landowner's amenity and enjoyment of their own land. Succeeded in an order for an injunction to remove the structure together with payment of the landowner’s costs on an indemnity basis.
- Advising landlord in London on the failure by the tenant to comply with the strict break conditions under the lease where the tenant had failed to pay rent up to and including the Quarter rent date at the break date. Negotiations with the tenant’s legal advisors avoided the need to commence a claim against the tenant as they conceded the lease was continuing and the landlord benefited from rental income for a further 3 years which equated to in excess of £200,000.
- Evicting trespassers from land and warehouses in North London under an expedited possession claim in the High Court arising from high risk of harm of tipping waste materials. Vacant possession was achieved in less than 7 days from the date of entry of the trespassers, protecting the property from risk of damage which was essential to the owner who was due to complete the sale of the land and the warehouses to a purchaser within days.
- Successfully negotiated on behalf of a developer client (as tenant) against the Council (as landlord) for permission for change of use from a medical centre to residential flats (with alterations) without the payment of a substantial premium or indeed any premium which had been demanded by the Council.
- Rachael is the former Chair of the Association of Women in Property (South East branch) and is a member of the Property Litigation Association.
- Rachael is recognised by the Legal 500 as “very responsive”.