Kelly joined Clarke Willmott in 2001 and is a Senior Associate in our first tier Property Litigation team. She advises on a broad range of property litigation issues including property portfolio management, in particular 1954 Act lease renewals, dilapidations, break notices and service charge disputes. Kelly also has experience in the retail sector; she’s previously acted for Somerfield and Oddbins and currently advises Brandon Hire and Fat Face.
Kelly also works with national property investors, developer clients, social housing providers and local authorities, including O&H Properties Limited, Mapeley, Barratt Homes, David Wilston Homes, East Thames, Paradigm and Isle of Wight Council.
Kelly is a member of the Property Litigation Association.
- Lease renewal. Kelly manages a large portfolio of opposed and unopposed lease renewals for a number of different clients (landlord and tenant). Current cases include proceedings where the landlord is proposing to redevelop the premises.
- Dilapidations. Kelly has acted for both landlords and tenants on interim and terminal dilapidations claims. This has included advice in relation to reinstatement obligations, tenant’s residual liability and s.18 diminution arguments and the structure of settlements.
- Break clauses. Kelly has successfully exercised conditional break clauses for tenant clients and advised upon the validity of break notices and conditionality of break clauses for landlord clients.
- Possession. Kelly has successfully obtained an order for possession for a developer client who had an issue with squatters moving from one part of the new development to another. Kelly has advised a social housing client in relation to the status of a tenant who remained in occupation after the negotiations for a new tenancy ended.
- Rights of way. Kelly has been advising a social housing provider as to its ability to exercise a right of way that has accrued by long use and is being obstructed by a third party with an express legal easement. Kelly is also advising a developer client in relation to a potential drainage rights.
- Service charge. Kelly has been advising a business park management company in relation to its ability to seek arrears of estate service charge payable under a deed of covenant and where the land in question does not have any buildings or occupiers and it is necessary to consider the extent of ‘use’ of amenity areas.