Aaron Macauley

Aaron is a Partner in our first tier property litigation team specialising in commercial landlord and tenant litigation including dilapidations, lease renewals, recovery of rents, breaches of covenant and possession claims (including actions against squatters). Aaron acts for a number of retail, housebuilder and developer clients in matters concerning the enforceability of restrictive covenants, coastal erosion, disclaimers of superior leases, rights of first refusal and land drainage issues. Aaron has also acted in professional negligence actions relating to the property industry.

Aaron’s expertise includes working with Burger King, Mapeley, Brandon Hire, Persimmon Homes South West and offshore property investment trusts.

Aaron joined Clarke Willmott in 2010 after studying Law with French Law and Language at Leicester University and completing the Legal Practice Course at the University of the West of England.

Aaron is a member of the Law Society and the Property Litigation Association

Experience

• Lease renewal – Aaron deals with a number of opposed and unopposed lease renewals. Current matters include acting for a landlord opposing a renewal on the grounds the landlord intends to redevelop the premises and/or is offering suitable alternative accommodation.
• Lease disclaimer – Aaron has advised on the consequences for a sub-tenant of a disclaimer of a superior lease by its landlord and how to ensure the sub-tenant retains the right to occupy.
• Dilapidations – Aaron has acted for commercial landlords on the service of interim and terminal schedules of dilapidations. Aaron has advised on interim dilapidations where his tenant client had sublet the premises. He has assisted in successfully defending a claim which proceeded to the Court of Appeal on behalf of a tenant who disputed the validity of schedules of dilapidations and its liability to contribute to works which went beyond those necessary to remedy any defects.
• Coastal erosion – Aaron has advised a developer client as to its liabilities to repair sea defences pursuant to the Coast Protection Act 1949.
• Professional negligence – Aaron has acted on a number of professional negligence matters with a property aspect including a successful claim by a charity against its former solicitors for advising the charity to enter a lease on terms which ultimately threatened the viability of the project for which the land was originally leased.