Rebecca Brady

Rebecca acted on behalf of a Tenant Management Organisation in First-tier Tribunal proceedings obtaining an order against a leaseholder for breach of covenant in respect of their repair obligations. The flat below the leaseholder had been experiencing water ingress for a number of years and the leaseholder refused to accept responsibility or take any remedial action. The positive determination in the client’s favour will ensure that if works are not carried out to stop the leak, forfeiture proceedings can be initiated.

Following the introduction of the new injunction under the Anti-Social Behaviour, Crime and Policing Act 2014 on 23 March 2015, Rebecca has obtained a number of orders including exclusion areas, both applied for with notice and without, on behalf of a Registered Provider on the south coast.

Rebecca acted on behalf of the landlord in Circle Anglia v Fentonwhich was a possession claim for tenancy fraud and sub-letting based on the principle from Sheffield v Hopkins, where there was already a suspended possession order on the basis of rent arrears. The County Court held that case management powers under the Civil Procedure Rules gave the court the power to allow for retrospective permission to be given in respect of an application for a warrant more than 6 years after the date of a possession order, despite the existing and long standing pre-CPR ruling in Hackney Borough Council v White, distinguished on the basis that there was judicial enquiry into the issues in question. The Court of Appeal agreed with the decision, dismissing the application for an appeal made on behalf of the tenant.

Rebecca acted on behalf of a private individual looking to recover possession of their property where the tenant had fallen into rent arrears. The tenant counterclaimed for disrepair. Rebecca was able to negotiate a favourable settlement for the client, ensuring that the rent was paid in the period before the tenant vacated the property and that the legal costs of the trial were voided, which were the client’s primary concerns.