Profile description
Sally has a background in residential landlord and tenant law and her practice now encompasses this area, commercial landlord and tenant and real property litigation. She is confident and assured in court and on paper and believes that little produces better results for a client than a careful and detailed analysis of the facts, the law, and procedure at the earliest possible opportunity.
Sally deals with all issues encountered by landlords and tenants in both commercial and residential contexts. She is also instructed in real property matters including mortgages, rights of way, boundary disputes and easements. She also deals with professional negligence claims against solicitors and surveyors.
She is approachable, easy to work with and always concerned to ensure that a client understands his or her own case.
Property & private client
Sally has appeared in the County Court, the First-tier Tribunal, the High Court and the Court of Appeal and represented clients at mediation on property and private client matters. She has an eye for detail and an interest in procedure which is often useful in cutting through to the important issues.
She has advised and represented commercial and/or residential clients on – amongst other things – dilapidations, service charges, ground rent matters, easements and covenants, express and implied trusts, boundary disputes, forfeiture, adverse possession and proprietary estoppel claims and particularly enjoys considering the construction of leases and licences.
Cases include:
- L v W (2018): represented the Claimant in this dispute regarding the position of a boundary and interference with a right of way;
- Zidi v Bayley (2018): represented the Claimant in his claim for a beneficial interest under a constructive trust in property that had previous been owned in joint names.
- Bassam v Maiden (2018): representing the Defendant opposing a claim for a beneficial interest under a constructive trust.
- APAL v W (FTT, 2018): represented the Claimant in respect of alleged entitlement to an interest under a constructive trust;
- L v P Ltd (2019): represented the Claimant at an on-site mediation in an acrimonious dispute regarding a hedge on a boundary;
- Boundary dispute right of way easement of necessity: represented the claimant at a mediation in respect of a disputed easement of access.
- C v W (FTT, 2019): represented the defendant landlord at a mediation
- London Borough of Islington v Adamson (County Court at Clerkenwell & Shoreditch): represented the Defendant to a possession claim by a local authority against the partner of a deceased secure tenant with no right to succeed; matter raises public law and Equality Act issues as well as being initially dominated by points of procedure;
- Y v B (FTT, 2017): represented the Defendant in this claim for a beneficial interest under a constructive trust raising issues concerning registration (unilateral notices), equitable lien, non est factum, misrepresentation and mistake;
- Peabody Trust v Islam (2018): settled a defence to a claim for possession founded on public law grounds which required a detailed analysis of the actions taken by the landlord in seeking to evict the defendant, who was disabled for the purposes of the Equality Act 2010 and had been granted a ‘starter tenancy’;
- Owolabi v Szendi (2018): successfully argued for summary judgment when – following a Part 18 request – it became apparent that the Claimant’s arguments in respect of service of prescribed information for the purposes of the deposit provisions under the Housing Act 2004 had not been complied with; the Claimant discontinued his appeal on the day of the hearing;
- Turton v Elagib (2018): dispute regarding whether a deposit on an assured shorthold tenancy paid by cash had been returned if paid by the landlord by way of a cheque which the tenant did not receive;
- Habinteg v Daby (2017): defence raising procedural issues and counterclaim for breach of the landlord’s repairing obligations;
- Bibi v Bibi & Begum (County Court at Clerkenwell & Shoreditch, 2015 -2017): represented the Defendants in this claim for possession between family members raising issues of proprietary estoppel in the context of an assured tenancy;
- K & Ors v G & P (2016): settled particulars of claim for Claimants wishing to enfranchise pursuant to the Leasehold Reform Act 1967;
- J v D (2018): settled particulars of claim in a nuisance claim regarding horses and a fly infestation;
- H v M and E; settled particulars of claim in a nuisance claim regarding water;
- Home Group Ltd v Matrejek [2015] EWHC 441 (QB): an appeal against an interim order concerning the application of Denton v TH White;
- Optima Community Association v Ker[2013] EWCA Civ 579 (led by Natalie Lieven QC)
- Leicester City Council v Shearer[2013] EWCA Civ 1467 (led by David Carter)
And advising on matters including:
- prospects of success in a boundary dispute;
- the appropriate premium for enfranchisement purposes in respect of a lease which includes an aggressive provision for increasing ground rent;
- the implications of Form K restrictions, when they may be cancelled;
- whether a licence for additional works made necessary by the terms of an earlier licence was required under the terms of a long lease;
- the validity of a notice to complete;
- the merits of a claim for several alleged breaches of various rights of way across land belonging to a large country estate;
- how best to tackle persistent breaches of a long lease (specific enforcement, forfeiture issues);
- issues regarding the scope of an easement of way reserved by a local authority for the purposes of access to a listed heritage site and the rights of that authority to control the activity of the body with responsibility for managing the site;
- the ownership of a fossil and the correct interpretation of a council’s guidance for fossil hunters;
- options for a local authority wishing to possession of properties let on shared ownership leases in a complex for retired persons;
- whether adverse possession or prescriptive rights arise in circumstances where a change of ownership led to the determination of a licence;
Business
Sally accepts instructions in respect of commercial contracts, tenancies and licences.
Recent instructions include:
- MWB Exchange Business Centres Ltd v Rock Advertising Ltd [2018] UKSC 24 (led by Clifford Darton): Sally appeared for the successful Appellant (MWB) in this landmark Supreme Court contract case;
- MP Ltd v I-S (2018): Sally represented the Claimant in this dispute in respect of franchise fees which included issues of contractual construction, penalty clauses, and repudiation;
- H v P W Ltd: a dispute regarding the standards of construction and service involving contractual obligations and consumer rights;
- IS v LMC (2018): Sally represented the Claimant in this matter in respect of respect of unpaid invoices, alleged breach of contract and negligence;
- advice to a solicitor as to alleged professional negligence in respect of his work to convey property under a sale and leaseback arrangement.
Public & regulatory
Sally accepts instructions for local authorities and applicants in homelessness and allocations matters and has advised.
Recommendations:
- “Both very approachable and easy to understand and work with. She is happy to advise on anything you’d wish to discuss and is always available to listen” - Chambers and Partners 2019
- “Unique ability to guide a client through complicated problems in a very clear manner.” - Legal 500 2018
- “Extremely helpful and very intelligent, she sails through complex issues with great clarity and calmness” - Chambers 2018
- “Able to grasp unique areas of law extremely well” - Legal 500 2017
- “She’s very thorough and cares about the cases she takes on, leaving no stone unturned.” - Chambers and Partners 2017
- “She’s such a thorough and pleasant opponent” - Chambers and Partners 2014
- “She gets good results and is very thorough” - Chambers and Partners 2015
Memberships
- Property Bar Association
- Chancery Bar Association
- Agricultural Law Association
- Administrative Law Bar Association
- Member of the Islington Legal Advice Centre, which provides free advice and assistance to members of the public
