Leasehold disputes
Ayesha has extensive experience of a broad range of disputes in this sector. She routinely represents both landlords and leaseholders in the County Court and the First-tier Tribunal (Property Chamber). Ayesha has also been successful on appeals in the Upper Tribunal (Lands Chamber).
Examples of Ayesha’s recent cases:
- The payability and reasonableness of service and administration charges
- Compliance with consultation requirements under section 20, Landlord and Tenant Act 1985
- The validity of a clause providing a lessor 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
- 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
- Forfeiture
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.
Housing and Property
Ayesha has a strong practice in housing and property law. She has an in-depth knowledge of the area and provides her clients with a friendly and efficient service.
Examples of Ayesha’s recent cases in the housing sector:
- Possession proceedings based on rent arrears, anti-social behaviour, subletting and succession
- Possession proceedings involving trespassers
- Accelerated possession proceedings involving section 21 notices, licensing issues and tenancy deposits
- Claims for unlawful eviction
- Claims for damages and injunctions for disrepair
- Rent repayment orders
- Proceedings relating to housing conditions and possession pursuant to section 33, Housing Act 2004
- HMO licensing
- Gang and anti-social behaviour injunction and committal proceedings. Ayesha appeared for the successful respondent (led) in the Court of Appeal case of Jones v Birmingham City Council [2018] EWCA Civ 1189 which concerned whether the scheme for granting injunctions to prohibit gang-related violence was compatible with Article 6, European Convention on Human Rights.
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 L&T
Ayesha has significant experience of commercial tenancies and regularly acts for landlords and tenants.
Examples of Ayesha’s recent cases:
- 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.
