Cecily practises all aspects of property law, including both residential and commercial landlord and tenant law and real property. She has acted as an expert determining legal issues in an agricultural law matter, and successfully resisted a claim to set aside an epert’s determination of a commercial rent review in Mirza v Elmdon Real Estates LLP (Unreported, 28 June 2019, Newcastle County Court, HHJ Kramer).
Cecily has a particular interest in mortgage law, in particular the more difficult mortgage possessions. With her colleague, Stephanie Tozer QC, she authored a new book, Mortgage Receivership: Law and Practice (Wildy, Simmonds and Hill Publishing, October 2018). Cecily also has extensive experience in Landlord and Tenant Act 1954 lease renewals including opposition, complicated forfeiture claims, in property cases with issues as to trust or company ownership, and in Party Wall etc Act 1996 work.
Cecily’s practice covers a wide range of property disputes. Current and recent work includes:
Mortgage work
- Complicated mortgage claims including those raising regulatory issues under the Financial Services and Markets Act 2000 and unfair relationships under the Consumer Credit Act 1974
- Mortgage subrogation
- Consolidation and tacking
- Mortgage receivers’ possession claims, and cases on breaches of receiver’s duties
- Cases on how to structure mortgage documentation
Real property
- Restrictive covenants including applications for discharge or modification under s84 of the Law of Property Act 1925
- Overage and other development issues
- Easements and boundaries
- Party Wall etc Act 1996 including issues on s10 jurisdiction, and limitation
- Land registration, including rights post completion and pre registration
- Rent charges and variation of estate management scheme
Trusts of Land
- TOLATA claims in difficult family circumstances
Commercial leasehold
- Unlawful forfeiture and relief from forfeiture in significant commercial property
- Opposed lease renewal under the Landlord and Tenant Act 1954
- Unopposed lease renewals with dispute as to Covid-19 clauses
- Rent review
Residential leasehold
- Licence for alterations in high value residential property
- Enfranchisement with issues about split freehold ownership
- Service charges in high value residential property
- Derek Wood KC
- Professor the Hon Clyde Croft AM SC
- Jonathan Gaunt KC
- Kirk Reynolds KC
- Guy Fetherstonhaugh KC
- Jonathan Karas KC
- Stephen Jourdan KC
- Janet Bignell KC
- Caroline Shea KC
- Mark Sefton KC
- Stephanie Tozer KC
- Gary Cowen KC
- Adam Rosenthal KC
- Catherine Taskis KC
- Oliver Radley-Gardner KC
- Barry Denyer-Green
- Martin Dray
- Emily Windsor
- Edward Peters KC
- Elizabeth Fitzgerald
- Greville Healey
- Nathaniel Duckworth
- Joseph Ollech
- Cecily Crampin
- Toby Boncey
- Michael Ranson
- Kavish Shah