Rachel has considerable experience of a wide range of property dispute matters, including a variety of commercial and residential lease disputes such as contested lease renewals, break notices, breach of covenant, forfeiture, dilapidations and service charge disputes. Rachel also advises on land issues such as boundaries, restrictive covenants, rights of way and rights of light, acting for both companies and private individuals.

Rachel’s experience extends to construction disputes working closely with the construction team based in Southampton.  This includes advice on options upon a breach of a construction contract (particularly termination/enforcement options) with a focus on adjudications and other proceedings arising from all stages of a construction project. This continues to work on the Building Safety Act 2022 regarding responsibility for the cost of repairing fire safety defects and technicalities on the procedure.

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.