Emma Brown Principal Associate

Emma Brown

Emma is a real estate litigation solicitor who advises on a range of contentious property issues including unopposed and opposed lease renewals, landlord and tenant break options, dilapidations claims, service charge disputes, applications for consents and licences and vacant possession strategies. Emma has a particular interest in property related insolvency disputes and tenant default and insolvency regimes.

Experience

• Advising on a contentious vacant possession scheme at a retail park which involved ensuring 30 tenants vacated by a certain date and a number of these tenants operated under protected leases.
• Successfully defending a claim issued by a telecommunications site owner for the removal of a telecommunication operators apparatus. The Court upheld that the failure of the site owner to serve a valid Code notice meant it had no cause of action and awarded our client its costs in the proceedings.
• Advising on the High Court case of Friends Life Management Services Ltd v A & A Express Building Ltd EWHC 146 which dealt with the treatment of substantial unexpended service charge payments following the end of a lease.
• Advising a fund manager on the lease renewals of anchor stores at a retail park and on the tactical use of court proceedings to obtain favourable terms for the renewal lease.
• Advising an institutional landlord on rescission of an agreement to surrender due to significant contamination issues at the premises and pursuing the tenant (in administration) regarding liability for costs.
• Obtaining an injunction against a trespasser at a retail park preventing them accessing the site in future.
• Advising an institutional investor on a tenant's failure to comply with pre-conditions to the exercise of a break option.