Charlotte Tyfield helps clients to manage their property portfolios, maximise their investments and deal with their property disputes.
Charlotte advises in relation to all types of property disputes concerning both commercial and residential property, including lease renewals (opposed and non-opposed), development issues, restrictive covenants and third party rights, dilapidations claims, forfeiture proceedings, break issues, service charge disputes, applications for consent, rent reviews, debt recovery, insolvency matters and telecoms.
Charlotte works closely with her clients responding to both day to day issues that arise and more complex matters. Charlotte provides commercial, pragmatic advice in a responsive and timely manner. Charlotte assists clients to identify potential issues at an early stage so that they can be addressed, avoiding litigation where possible. Where disputes arise, Charlotte helps clients to understand the options available to them and tailor bespoke solutions.
Where litigation is unavoidable, Charlotte is familiar with all dispute resolution procedures, from Court and Tribunal proceedings to mediation.
Acting for a large PLC following the insolvency of a large pub chain which left her client with leasehold liabilities (under privity) in the region of £21 million. This instruction spanned over a year involving many properties and property and insolvency issues as well as taxation advice. In the initial stages, Charlotte had to act very quickly to understand the longer term implications and devise a clear strategy for how her client's losses could be mitigated and kept to the absolute minimum. Charlotte put together a team to deal with the claims made by the landlords and advise on strategies to dispose of leasehold liabilities where possible.
Acting in relation to an injunction issued against her client in respect of the sale of a very high value residential property. Charlotte was given a few hours notice of the initial hearing and following that had to prepare detailed evidence to successfully dispose of the claim and assist in the client securing a new purchaser.
A broad range of clients including: developers, institutional landlords, investors, local authorities and tenants.
"Very commercial and tough" The Legal 500
Awards & professional associations
Property Litigation Association
Acting for a large developer client to address problems arising during its development. Charlottes' involvement included advising on third party rights, site clearance (dealing with opposed lease renewal applications and squatters), attending strategy meetings and dealing with settlement negotiations to enable the development to proceed smoothly.
Acting for a landlord client in a significant dilapidation claim in excess of £1 million. As well as advising regarding her client's ability to recover the costs of a replacement of the roof, this case involved interviewing former employees of the tenant and section 18 issues. Her client agreed to a strong settlement at mediation shortly before trial.
Acting for LPA receivers/the bank in respect of an insolvent tenant with a large portfolio of properties relating to a debt of £54 million. This instruction involved giving advice in relation to a variety of issues including insolvency issues, bringing residential possession proceedings, rent review advice and mortgagee possession actions.
Assisting an investor client in its redevelopment of a significant site with both commercial and residential tenants. This was a large mixed used scheme and in order to implement its proposals, there were various title issues that had to be resolved. Once planning permission had been obtained, Charlotte oversaw the site clearance including 40 residential tenancies under ASTs and a Rent Act tenancy.
Acting for a Local Authority in its application to the Lands Tribunal to modify a restrictive covenant to enable a Community Centre to be built. This involved going back as far as the 1800s to investigate the history of the area and the reason that the covenant was imposed. The covenant had been imposed for the benefit of a significant estate which has since been developed as housing and Charlotte had to identify who may still have the benefit and satisfy the Tribunal that all beneficiaries had been notified of the application. The modification was ultimately approved, enabling the Centre to be built.
Acting for receivers under the Proceeds of Crime Act to recover possession of property belonging to the criminal to enable it to be sold. The action for possession was defended on the basis of a life tenancy apparently granted years previously and a considerable amount of digging about to investigate the occupation of the property and the various allegations made. After several hearings, an order was obtained for possession and a costs order in the client's favour.