Amy is a partner in our first tier Property Litigation team specialising in contentious (and potentially contentious) commercial property portfolio management. This includes landlord and tenant disputes such as 1954 Act lease renewals (contested and uncontested), break notices, terminal claims for dilapidations, service charge disputes, consents, forfeiture actions and possession claims. In recent years, she has also developed an interest in riparian based issues and has assisted developers, local authorities and navigation authorities with the removal of trespassers from rivers. She has a particular specialism in rent review. Amy also has experience of dealing with real property disputes such as covenants and easements.
Her clients include national property investors, retailers, energy companies and local authorities but she acts for any commercial client with a property related issue. She also has experience of various forums including the High Court, Court of Appeal, the Land Registry First Tier Tribunal and Arbitrations.
Amy joined Clarke Willmott LLP in 2005 as part of a team of ten joining the firm from Pinsent Masons where she qualified in 2004. Amy is a member of the Property Litigation Association and The Association of Women in Property. She has lectured on disclosure in litigation, repairing obligations and the 1954 Act and is a regular speaker at conferences and RICS events where she has recently given talks about break notices and rent reviews.
- Alienation and forfeiture. Amy acted for the successful tenant Ansa in the recent reported case of Ansa Logistics Limited -v- Towerbeg Limited  EWHC 3651 (Ch), obtaining a declaration that the Landlord had unreasonably withheld consent to underlet and that Ansa had not breached the Leases by parting with possession.
- Possession. Amy has been advising a local authority as to options for securing possession of over 70 existing retail units which will need to be demolished in order to facilitate the redevelopment of a shopping centre.
- Lease renewal. Amy manages a large portfolio of opposed and unopposed lease renewals. She has successfully secured flexible renewal terms for both landlords and tenants. Current cases include proceedings where the landlord is proposing to redevelop the premises or occupy the premises itself.
- Dilapidations. Amy has successfully acted for both landlords and tenants on interim and high value terminal dilapidations claims. This has included advising in respect of a tenant’s reinstatement obligations, a sub-tenant’s residual repairing liability and the use of a landlord’s notice of intention to repair (pursuant to a Jervis-v-Harris clause) to ensure that the tenant undertakes works before the end of the term thereby allowing the landlord to avoid any s.18 diminution in value arguments.
- Rent review. Amy has developed a particular specialism in this area and has advised on the content of rent review submissions and provided legal opinions to arbitrators and independent experts on the meaning of lease clauses.
- Break clauses. Amy has advised upon and successfully exercised a number of high value conditional break clauses. A recent case included the successful exercise of a tenant-only break conditional upon the payment of rent and compliance with lease covenants at the break date – the subject property had been extensively altered and involved a forensic review of the works carried out and the reinstatement works required to ensure compliance.
- Nuisance. Representing one of the largest rendering operations in the UK in the defence of a high value Group Litigation in the High Court, advising on alleged nuisance.