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Emma Preece

​Senior Associate​​​

Emma specialises in commercial, residential and agricultural property litigation.

emma-preece

About

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 owners of 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 ranked as an ‘Associate to watch’ by Chambers and Partners 2024.

Emma is admitted to practise in England & Wales.

Experience

  • Advising 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 a 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.
  • Advising on various boundary matters and advised on 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 to following the administration of their tenant, a national retailer.

Our thinking

  • Agricultural Landlord and Tenant Code of Practice: Balancing the rights of Landlords and Tenants

    Emma Preece

    Quick Reads

  • Restrictive covenants: Modification or discharge of leasehold covenants under Section 84 of the Law of Property Act 1925 to allow for the redevelopment of a development site from warehouses into residential housing

    Emma Humphreys

    Insights

  • Restrictive Covenants: Modification of restrictive covenants under section 84 of the Law of Property Act 1925 to allow affordable housing

    Emma Humphreys

    Insights

  • Restrictive Covenants: Landlord’s contractual power to reapportion service charge costs in a long residential lease

    Emma Humphreys

    Insights

  • Modifying covenants: the limits of section 84

    Emma Humphreys

    Insights

  • Gaining insights on forfeiture

    Emma Preece

    Insights

  • Q&A: Is a lease of a woodland a farm business tenancy?

    Emma Preece

    Insights

  • Emma Preece writes for Property Week on the recent Hudson v Hathway Court of Appeal decision

    Emma Preece

    In The Press

  • Typed name is sufficient to transfer interest in property

    Emma Preece

    Quick Reads

  • Property Patter: Break options in renewal leases

    Emma Humphreys

    Podcasts

  • Q&A: Clarifying points on eviction

    Emma Preece

    Insights

  • Success for landlords as Court of Appeal dismiss cinema operators' appeal on COVID-19 arrears

    Emma Preece

    Quick Reads

  • EG quotes Emma Preece on the Cine-UK and Cineworld Court of Appeal Covid rent arrears ruling

    Emma Preece

    In The Press

  • Property Patter: Mythbusters

    Emma Humphreys

    Podcasts

  • EG quotes Emma Preece on the Picturehouse and BNY Mellon rent arrears cases

    Emma Preece

    In The Press

  • Q&A: Restrictive covenants

    Emma Preece

    Insights

  • Property Patter: Avoiding the AST paperwork traps

    Emma Preece

    Podcasts

  • Emma Preece writes for the Estates Gazette Legal Q&A on the nuances of restrictive covenants

    Emma Preece

    In The Press

  • To flex or not to flex: comparing traditional offices with flexible office space

    Emma Preece

    Quick Reads

  • Restrictive Covenants Declaration that a restrictive covenant is no longer enforceable

    Emma Preece

    Insights

  • Top 10 Tips: Terminating agricultural tenancies affecting development land

    Emma Preece

    Insights

  • Q&A: Timely guidance on service charges

    Emma Preece

    Insights

  • Property Patter: Break Options – The Top 5 Traps

    Lauren Fraser

    Podcasts

  • The recovery of rent arrears: third victory for landlords, but will it continue?

    Emma Preece

    Insights

  • Save the date: 1 October 2021 - Notice periods for some residential tenancies to return to pre-pandemic position

    Emma Preece

    Quick Reads

  • Love thy Neighbour ... and mediate?

    Emma Preece

    Quick Reads

  • Time for tea? High Court examines the extent of a right of way over “agricultural land”

    Emma Preece

    Quick Reads

  • Agricultural land: rights of access revisited

    Emma Preece

    Quick Reads

  • COVID-19: The impact on landlords and tenants as we approach the March quarter day...

    Emma Preece

    Quick Reads

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