Carole is a Senior Associate in our real estate disputes team. Having trained and qualified at Addleshaw Goddard, Carole specialises in all aspects of real estate litigation. In particular, Carole deals with asset management work including consent applications; contested breaks; lease renewals, commercial lease construction, service charge and dilapidations claims; electronic communication code issues and tenant default. Insolvency related work also dominates in the current climate.
- Advising a University client on the recovery of possession from a business tenant pursuant to ground (g) (own occupation) of section 30(1) of the Landlord and Tenant Act 1954 and providing strategic advice in relation to the timing of notices in the context of the cyclical nature of the University's own operations.
- Providing strategic advice to a University client to counter the threat of forfeiture from the freeholder following the administration and subsequent liquidation of the University's immediate landlord. The University was conducting a business hub operation from the premises and therefore the primary concern was to preserve the occupation of the business inception tenants (approximately 20 separate clients) and to protect the University against potential claims of derogation from grant.
- Advising a corporate client in relation to the exercise of a particularly onerous break option. The primary concern was to limit their exposure as original tenant to continuing liability to rent and lease covenants. The break option required strict compliance with all the lease covenants both at the date of service of the break notice and as at the proposed termination date for the exercise of the break to be effective.
- Advising an institutional investor client in relation to proposed works to a shopping centre and conducting a review of a sample of the shopping centre leases to advise on the potential bars to cost recovery via the service charge regime and potential access constraints and how best to mitigate.