| Call 2005
Experience and Expertise
Wendy accepts instructions in all property related matters including residential and commercial landlord and tenant, claims for relief against forfeiture, adverse possession claims, claims relating to easements and covenants and mortgages and is used to appearing before the property tribunals (formerly the Leasehold Valuation Tribunal and the Adjudicator to Her Majesty’s Land Registry).
Wendy is often instructed to assist in drafting notices as a pre-cursor to possession proceedings in relation to both residential and commercial tenancies. Wendy is happy to advise in relation to Rent Act tenancies, protected shorthold tenancies, assured tenancies and assured shorthold tenancies in addition to advising on licences.
Wendy has a particular interest in easements, having spent time as a Research Assistant at the Law Commission working with the Property and Trusts team on the Easements, Covenants and Profits a Prendre Consultation Paper.
Wendy is also instructed in nuisance claims relating to land.
Cases and Work of Note
- Elgin Wright & Ors v Building Heritage & Ors  UKPC 10 (Privy Council on appeal from The Bahamas) Wendy acted as junior counsel for the successful appellant in this appeal which concerned the admission of fresh evidence in (1) Court of Appeal in The Bahamas and (2) in the Privy Council. The case centred on an action under the Quieting Titles Act 1959 for declaratory relief as to ownership of various land in the Bahamas;
- Kensington Mortgage Company Ltd v Nicholas Dynes Gracey and Anor  EWHC 103 (Ch) – Multiple applications in relation to mortgagors subject to a Limited Civil Restraint Order. Wendy appeared at hearings before Hickinbottom J in Chester and Cardiff and before Morgan J in a related third party application;
- Craggs v Fast Homes (UK) Ltd – LVT – LON/00BA/LBC/2010/075- Acting for the respondent in a claim by the landlord for a determination of breach pursuant to section 168(4) of the Commonhold and Leasehold Reform Act 2002;
- R and S v T acting for a freeholder of commercial premises in the High Court in a claim for injunctive relief on a quia timet basis to restrain a breach of covenant restricting use to certain specified use classes under the Town and Country Planning (Use Classes) Order 1987;
- Kensington Mortgage Company Ltd v Saddique (HHJ Barrie, Nottingham County Court, 17/8/11-19/8/11) Trial of a mortgage possession claim together with a counterclaim against the lender for alleged defects in relation to the execution of a previous possession order and the treatment of chattels. Wendy acted for the successful Claimant lender, obtained possession and secured dismissal of the counterclaim;
- Cormorant v Frankel –LVT – LON/00AY/LSC/2010/0117 – Acting for the tenant in a service charge dispute and successfully challenging the recoverability of both management charges and legal fees under the lease;
- acting for a mortgagee before the Land Registry Adjudicator where a charge had been removed as a consequence of a fraudulently executed DS1;
- acting for a freeholder in a complex adverse possession claim and achieving an agreeable settlement at mediation;
- advising a charity as to whether it could bring proceedings against its former solicitors where they failed to advise that a sub-tenant (who was a poor covenant) would be entitled to the protections and security of tenure provisions within Part II of the Landlord and Tenant Act 1954 causing a potentially valuable dilapidations claim against the tenant to be lost by reason of section 18 of the Landlord and Tenant Act 1927;
- advising a mortgagee as to whether it could claim in negligence against its former solicitors where a consent to lease was granted with an alienation clause drafted such that the mortgagee did not have to approve any assignment. The lease was subsequently assigned without the mortgagee’s consent with adverse consequences.