Elspeth specialises in commercial landlord and tenant litigation. She particularly advises in relation to lease renewals, break notices, which includes drafting and serving the same, and providing information as to the conditions that need to be satisfied in order to exercise the break. She is also experienced in the areas of surrender of leases, forfeiture, dilapidations disputes, rent reviews, withholding of consent to assign leases and other disputes which arise out of commercial leases.

She advises in property related contractual disputes which will include misrepresentation claims, options, breach of condition and warranty together with rights of pre-emption.

Her expertise also covers land disputes including adverse possession claims, easements and restrictive covenants.

Additionally she has been instructed in relation to bringing and defending claims for injunctions which can include actions for trespass or breach of lease.

    Experience
    • Acted for a commercial landlord in proceedings to seek a declaration that the tenant had failed to exercise an conditional break option to determine the lease
    • Acted for a landed estate in a claim for an injunction and damages against an individual for trespass and damage to their land
    • Acted for a Trust who own a Grade 1 Listed castle on a substantial dilapidations claim following the service of their tenant’s break notice to determine the lease of the same
    • Advised a large commercial developer relating to obtaining vacant possession of land which had been occupied by individuals who were claiming adverse possession
    • Acted for a large retail sector client in rent review dispute and in particular the interpretation of the rent review provisions contained in their lease and obtaining a declaration as to the same.

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