Rachel Morrish, Associate
Rachel advises clients on a wide range of disputes relating to commercial and residential property.
SummaryRachel advises on disputes relating to commercial and residential property including dilapidations, service charge disputes, opposed and unopposed lease renewals, breaches of covenant, claims for possession, termination of leases including by forfeiture and the exercise of break clauses. She specialises in leasehold enfranchisement where she acts for a major London Estate as well as for individual tenants
Rachel is admitted to practise in England and Wales.
- Acting for Howard de Walden Estates, including representing the Estate in Aggio & Others -v- Howard de Walden Estates, a landmark decision in the House of Lords on the right of a headlessee to enfranchise the lease of a flat; Rachel also dealt with a £17,000,000 claim for collective enfranchisement of a building on the Estate in which 59 tenants participated
- Acted for a national insurance company in the successful exercise of a break clause in its lease of a call centre - the conditions of the break included a requirement to give vacant possession of the 56,000 square foot premises and to reinstate; there was also a condition requiring payment of all sums due under the lease up to the break date, and the successful exercise of the break saved the client over £1,000,000 in rent and other charges which would have been payable if the break had not been effective
- Acting for a major Bank including representing it in High Court proceedings relating to a £250,000 service charge dispute where the Claimant is the tenant of a Banqueting Hall in the City of London and disputes the charge of “out of hours” rates for services supplied to it during the evening, being its core business hours; Rachel was also successful in recovering for the Bank a substantial dividend in the liquidation of an assignee of a lease where the Bank had settled a claim for dilapidations and paid rent on the assignee’s behalf
- Acting for an overseas landlord including advising on the recovery of service charges from residential undertenants of its mixed use premises and on the termination of a 1954 Act protected tenancy of retail premises in Clerkenwell
Residential developers: beware of your tenants' potential right to buy your interest on sale
The Landlord and Tenant Act 1987 gives residential tenants a right of first refusal where their landlord wants to make a disposal.