Ayesha has a strong practice in residential and commercial property law. She has an in-depth knowledge of the area and provides her clients with a friendly and efficient service.
Leasehold
Ayesha has extensive experience of leasehold disputes. She routinely represents both landlords and leaseholders in the County Court, the First-tier Tribunal (Property Chamber) and in the Upper Tribunal (Lands Chamber).
Examples of Ayesha’s recent cases:
The payability and reasonableness of service and administration charges including major works
Compliance with consultation requirements under section 20, Landlord and Tenant Act 1985
The recovery of the cost of major works
The validity of clauses providing landlords with a discretion to reapportion service charges in light of section 27A(6), Landlord and Tenant Act 1985. Ayesha appeared for the successful Respondent (led) in Fairman v Cinnamon (Plantation Wharf) Ltd [2018] UKUT 421 (LC); [2019] 1 WLUK 603
The variation of lease terms under section 35, Landlord and Tenant Act 1987 and the compensation payable under section 38. Ayesha appeared for the successful appellant (led) in Triplerose Limited v Bronwen Stride [2019] UKUT 99 (LC); [2020] H.L.R. 9
The premium payable for the grant of a new lease under the Leasehold Reform, Housing and Urban Development Act 1993
Altering existing terms for the purposes of a new lease under section 57(6), Leasehold Reform, Housing and Urban Development Act 1993
Advising on the premium payable when leaseholders seek to acquire the freehold of their block via collective enfranchisement.
Applications for a vesting order under section 24, Leasehold Reform, Housing and Urban Development Act 1993 where the terms of acquisition relating to collective enfranchisement had been agreed but no binding contract had been entered
Obtaining a determination under section 168(4), Commonhold and Leasehold Reform Act 2002 following a breach of covenant
Ayesha frequently delivers seminars/webinars on leasehold matters. She has provided a “case-law and legislation” update at the annual conference held by the Association of Residential Managing Agents (“ARMA”) and chaired a panel discussion at the Professionalism in Property conference on leasehold reform.
Real property
Examples of Ayesha’s recent cases in real property matters:
The effect of covenants on freehold land
Applications to rectify the Land Register. Ayesha appeared pro bono for the appellant (led) in Akhtar v Slough Borough Council [2019] UKUT 308 (LC) a factually complex case which considered the scope of Schedule 4, Land Registration Act 2002 in terms of its application to registrable dispositions that later proved to be void, and whether such dispositions constituted mistakes requiring alteration of the proprietorship register.
Charging orders
Mortgage possessions
Trusts of land and co-ownership disputes
Neighbour disputes under the Access to Neighbouring Land Act 1992
Ayesha is conscious of the need to provide her clients with clear and practical advice in order to minimise their exposure to the significant costs which are so often incurred in this type of litigation.
Commercial property
Examples of Ayesha’s cases in commercial property matters include:
Termination and renewal of business tenancies
Exercise of break clauses
Breaches of covenant involving substantial damage to property
Damages for terminal dilapidations
Possession and money judgment following forfeiture
Ayesha is able to quickly identify the important aspects of a case and provide her clients with a professional and dedicated service.