Emma Humphreys, Partner
Emma advises on the full range of contentious property issues, with a particular focus on tenancy terminations, restrictive covenants, rights of light, dilapidations and business tenancy renewals.
AboutEmma advises on the full range of contentious property issues, including insolvency matters, arrears, break rights, dilapidations and 1954 Act renewals. Emma also deals with contractual and development disputes, specialising in rights of light, restrictive covenants and Electronic Communications Code issues, including the removal of telecoms masts. Her work is advisory – to avoid and/or settle disputes - as well as involving the conduct of litigation.
Emma lectures widely on property litigation issues and writes for various publications, including the Estates Gazette and the Property Law Journal. Emma also summarises cases dealing with easements and restrictive covenants for the Property Law UK website. Emma is an honorary member of Arbrix and a member of the RICS Telecommunication Forum. She is also former Chair of the Training and Education Committee of The Property Litigation Association and has sat as a member of the Steering Group of the RICS Dilapidations Forum and the South East Committee of Women in Property.
Emma is admitted to practise in England and Wales.
- Successfully defended an application under section 84 of the LPA 1925 by a long leasehold tenant who sought to vary its lease user restrictions. The decision in Edgware Road (2015) Limited v. Church Commissioners for England  UKUT 0104 (LC) preserved the Church Commissioners’ ability to control the management of their estate. An application for permission to appeal was refused.
- Acted for a world-renowned luxury hotel in an application before the First-Tier Tribunal (Property Chambers) to seek to reinstate the protection intended by certain restrictive covenants which were mistakenly omitted from the Land Registry title of a neighbouring business.
- Secured vacant possession of a rooftop of a block of flats in Wembley against a number of telecoms operators, to allow the block to be sold for redevelopment. Our strategic advice led to the successful conclusion of possession proceedings and a short-term Code agreement for the temporary relocation of the apparatus.
- Advised a variety of landlord clients, including the LCP Group and the owners of Westfield London and Westfield Stratford, on recovering arrears owed by a variety of commercial tenants during 2020. Our action included CRAR, High Court claims and collaboration with our Corporate Restructuring & Insolvency Team to issue winding-up petitions against appropriate debtor tenants.
How will the commercial property market exit COVID-19 restrictions?
Looking beyond the benefitted land: confirmation that an objector’s wider property may be considered in applications to discharge/modify restrictive covenants
Read our recent case study on applicants who were prevented from developing a new house due to a restrictive covenant covering their land.
Temporary restrictions on winding-up petitions extended until 30 June 2021
As the restrictions are extended, read what it means for you here.
Commercial rent arrears: what are the latest restrictions on landlords’ remedies this quarter day?
What you need to know for this Quarter Day.
No cliff edge for tenants - but what's on the horizon for commercial landlords?
Property Patter: The Spring 2021 Budget – what news for property?
Join us as we review some of the measures introduced by Rishi Sunak to provide a boost to COVID-hit businesses and workers.
Property Patter: The trendy option – FAQs on tenant CVAs
Listen in for the answers to FAQs on tenant Company Voluntary Arrangements
Property Patter: The last resort – FAQs on tenant liquidation
How does liquidation work?
Property Patter: Love Thy Neighbour - how to deal with boundary disputes
Boundary disputes often involve high levels of stress and costs.
Property Patter: The “bubble wrap” option – FAQs on tenant administration
The team look at some key points on tenant administration.
Property Patter: What can the property world expect from Parliament and the courts in 2021?
Our team look at what’s ahead in the world of property law
Lease renewals in the time of coronavirus
What flexibility tenants and landlord are going to have when negotiating on the terms of the lease renewal ?
Emma Humphreys writes for Expert Witness Journal on restrictive covenants
Need to Know: Dealing with 2020’s December Quarter Day
What you need to know for this Quarter Day.
Abandoned premises: Abandon hope, all ye who seek re-entry?
What can landlords do when tenants are leaving premises abandoned without prior notice due to the evolving coronavirus crisis?
Property Patter: What would property litigators like for Christmas?
Join us as we discuss two areas of property law they would like to see work better.
Weighing up the options for rent recovery
Landlords with rent arrears Landlords should be mindful before issuing court proceedings as it can involve additional time and costs.
Restrictive Covenants: public interest under s.84 Law of Property Act 1925
Taking a closer look at The Supreme Court's recent decision in relation to restrictive covenants.
Emma Humphreys appears on Estates Gazette’s Top 10 Cases of 2020 podcast on the significance of Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd
Q&A: Modifying a restrictive covenant – a realistic prospect?
Emma Humphreys and Miriam Seitler offer guidance on the prospect of modifying a restrictive covenant once development has taken place.