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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.

About

Emma 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.

Experience

  • 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 [2020] 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.
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