Emma Preece, Associate
Emma specialises in commercial, residential and agricultural property litigation.
Emma advises on a range of landlord and tenant matters such as lease renewals under the Landlord and Tenant Act 1954, possession claims, rent arrears and service charge recovery and breach of covenant disputes. Emma also advises on issues arising on lease termination including dilapidations and the exercise of break clauses (including the validity of break notices, and compliance with break conditions).
Emma has particular experience in dealing with contentious property issues arising from agricultural holdings including the succession and termination of agricultural tenancies, and disputes relating to farm business tenancies. Emma also advises on land registration issues (including rectification and boundary determination – particularly in the context of development land), and on a range of third party and adverse interests in land such as easements, boundary disputes, adverse possession and trespass claims.
Emma’s clients include large corporations, developers, commercial and residential landlords and tenants, large land-owning estates and high net worth individuals.
Emma is a committee member of the Junior Property Litigation Association in the South West, a member of the Property Litigation Association and Women in Property and is recommended by The Legal 500.
Emma is admitted to practice in England & Wales.
- Acted on behalf of a large independent UK consultancy specialising in pensions and investments in relation to terminating the leases of its registered offices by way of numerous break notices served in the British Virgin Islands, Hong Kong and London.
- Assisted in obtaining vacant possession of land occupied by a tenant by succession under the Agricultural Holdings Act 1986 to be developed into an energy park.
- Successfully defended an application to acquire title to unregistered land on the basis of adverse possession which was legally owned by a large landed-estate and subject to planning permission to be developed into a mixed-use community development.
- Advises on various boundary matters and acted in a boundary dispute for a retirement village which concerned acts of trespass and encroachment upon a right of way, which were ultimately settled shortly prior to trial.
- Regularly advises on property insolvency in the landlord and tenant context and recently acted for a large landed-estate in the recovery of sums due following the administration of their tenant, a national retailer.
Emma Preece writes for Property Week on complying with vacant possession conditions
The Court of Appeal recently grappled with the issue of vacant possession in Capitol Park Leeds Plc v Global Radio Services.
Emma Preece quoted by Estate Gazette on the implications of the Court of Appeal's decision in Capitol Park Leeds v Global Radio Services
The Court of Appeal backed tenants in an unusual case about the condition in which tenants are obliged to return premises to landlords.
Love thy Neighbour ... and mediate?
Q&A on adverse possession
A successful application for title by adverse possession will result in the squatter acquiring possessory title to land.
Office Occupiers: What to do if you’ve got excess space
What should you do if you have excess space or the wrong space for your business?
Q&A: Do the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 apply to agricultural tenancies?
Reviewing whether the Electrical Safety Regulations apply to agricultural tenancies in the private rented sector.
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.
What has the Covid-19 Code of Practice achieved?
Landlords are particularly concerned that the commercial property sector will continue to be impacted by COVID-19 for quite a while.
Takeaways on achieving vacant possession
Reviewing the Court's decision on recent Capitol Park Leeds Plc v Global Radio Services case.
Property Patter: commercial & residential tenancy arrears – where are we now?
Where do landlords stand following the latest changes in the law?
Emma Humphreys and Emma Preece write for Estates Gazette on the Covid-19 Code of Practice
Time for tea? High Court examines the extent of a right of way over “agricultural land”
Q&A: The extent of a right of way to use vehicles
Trespass extends to any unjustifiable intrusion by one person upon land in the possession of another.
Where the dominant owner has an express right of way at all time for all purposes?
Agricultural land: rights of access revisited
Property Patter: Agricultural Tenancies
Our latest podcast looks at the ongoing need for housing and the role of greenfield sites.
Q&A: Guarantors and Assured Shorthold Tenancies
Emma Preece wrote for Lexis Nexis Ask Forum on the guarantee of an assured shorthold tenancy and how it applies to any extension or renewal.
Development Land: Tenancies, Termination and Tactics
It is important for landowners to consider the impact any existing agricultural tenancies when assessing the development potential.