Areas of Practice
- Real Property
- Landlord and Tenant
- Contract
- Trust
- General Civil Litigation
Real Property
Michaella has substantial experience within this area, both advising and appearing in matters appertaining to boundary disputes, easements, freehold and leasehold covenants, rights of way, right to light, adverse possession and mortgage matters. In relation to mortgage possession work she has dealt with a wide range of cases both before and after possession has been affected, including the order of distribution of payments following sale.
Landlord and Tenant
In conjunction with real property, this constitutes an extensive part of Michaella's practice. Her practice encompasses residential and commercial work on behalf of landlords and tenants within both the public and private sectors. She has had a significant amount of experience dealing with the creation of leases, both equitable and legal, and the forfeiture, surrender and determination of leases. Michaella also undertakes work in relation to the right to buy, disrepair, the service tenant/occupier dichotomy, assured shorthold and assured tenancies.
Contract
Michaella undertakes work relating to the creation and breach of contract, Supply of Goods and Services Act and Sale of Goods Act. She also has considerable experience of dealing with claims of misrepresentation, in particular those that relate to SPIFs.
Trusts
She has expertise in trusts relating to property and co-ownership. She also deals with cases involving proprietary estoppel and undue influence.
General Civil Litigation
In addition to the above, Michaella undertakes a wide range of civil hearings and applications.
Reported cases
• Lamaletie and Royce [2008] EWCA Crim 314
• Page v Jackson (2009) Lawtel LTLPI 2/2/10
Cases of note
• Halifax v Hejsak - dealt with the order of proceeds of sale and subsequent interest claims following repossession by mortgagee.
• Ruparelia v Tharmalingham - landlord and tenant case, dealing with issues of deemed service, validity of section 21 notices where both an incorrect date and a 'saving clause' are used and the ability of Judge to make findings of fact without hearing oral evidence.
• Primeglobe v Jabir - involved many issues including equitable leases, estoppel and misnomer.
• Raza v Hanstay - dealt with the issue of whether a county court has any equitable jurisdiction outside of statute to prevent forfeiture, particularly after six months from re-entry by the Landlord.
• David v Gnaneswaren - lease/licence distinction (commercial property), validity of lease incongruous to property, effect of payment and acceptance of rent.
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