Rachel has considerable experience in a wide range of property dispute matters, including various commercial and residential lease disputes such as contested lease renewals, break notices, breaches of covenant, forfeiture, dilapidations, and service charge disputes. She also advises on land issues, including boundaries, restrictive covenants, rights of way, and rights of light, acting for both companies and private individuals.
Rachel’s experience extends to construction disputes, where she works closely with the team based in Southampton. She provides advice on options following a breach of a construction contract (particularly termination or enforcement options), focusing on adjudications and other proceedings arising at all stages of a construction project. Rachel also advises on issues under the Building Safety Act 2022, including responsibility for the cost of repairing fire safety defects and navigating procedural technicalities.
Rachel was made a Partner in the Property Litigation team in May 2021.
Recent work
- Successfully representing “employers” in construction adjudications – both “smash and grab” on technicalities such as validity of payment applications/pay less notices and “true value” disputes for final accounts;
- Acting for a couple who were sued by a family member who asserted she had acquired an interest in their property;
- Advising in relation to the responsibility for costs of repairing a sinkhole which formed in the entrance to a mixed use development, which included a Section 20 dispensation application (avoiding the need for consultation with residential leaseholders due to the urgency) and investigating options for recovery of the costs from third parties;
- Providing advice on the validity and enforceability of restrictive covenants on land affecting proposed development;
- Advising landlords and freeholders on their Building Safety Act responsibilities;
- Assisting a family in defending a claim for alleged breach of repairing obligations;
- Representing a large charity in claims arising from defective design of care home buildings against insolvent companies/insurers.