Bonnie Martin and Amy Rudrum are the founders of Estate Legal. Between us we have over 50 years experience in providing specialist advice concerning all aspects of commercial property management, including property litigation and alternative dispute resolution (ADR) particularly arbitration, mediation and PACT.
We have experience of advising institutional investors, property funds and major corporates in all aspects of their portfolio management, whether as landlord or tenant, occupier or investor.
We also act for family run companies, public bodies, smaller companies and individual pub tenants.
Whilst a significant amount of time is spent trying to achieve the best outcome for our clients and to resolve matters amicably and without recourse to court, there are occasions when court is the only option. We have acted on the winning side in several key reported cases including:
- The use of sale and leaseback evidence – Clark (JE) & Co – v – Rogers VO (1994) RA 169 234
- The meaning of repair – Holding and Management Limited – v – Property Holding and Investment Trust Plc and Others [1990] 2 All ER 702
- When a subletting can operate as an assignment – Keydon Estates Limited – v – Western Power Distribution (South Wales) Limited [2004] All ER (D) 243
- The reasonableness of refusing consent to sub-let – Crestfort Ltd & Ors – v – Tesco Stores Ltd & Anor [2005] EWHC 805 (Ch) and Crestfort Ltd & Ors – v -Tesco Stores Ltd & Anor [2005] EWHC 2480 (Ch)
- The meaning of parting with possession and the reasonableness of refusing consent to assign – Ansa Logistics Ltd – v – Towerbeg Ltd & Ors [2012] EWHC 3651 (Ch)
- Whether a lease can be assigned to the tenant’s guarantor and the impact of the Landlord & Tenant (Covenants) Act 1995 – EMI Group Ltd -v – O & H Q1 Ltd [2016] EWHC 529 (Ch)
We have also acted on numerous unreported cases and negotiated successful settlements including:
- Acting for a London property outsourcing specialist, by tactical use of court proceedings we negotiated to vacate a substantial building following service of a break notice with seemingly impossible conditions, saving the client in the region of £12 million.
- Acting for a public sector pension fund we negotiated a favourable settlement in respect of five acres of allegedly defective plastisol coating and roof lights on a former portfolio asset.
- Acting for 4 high street banks we negotiated a settlement of 12 rating appeals concerning the end allowance to be made for a listed frontage, also obtaining a costs payment.
- Acting for a family company we issued a claim for specific performance against a national construction company forcing them to commence a development on a joint venture site, which has now successfully completed.
- Acting for a local authority we used the legal process to clear a section of river in a historic location which had been occupied by unauthorised boats, some of which were in poor repair and dangerous.
- Acting for a London property outsourcing specialist, we negotiated a nil increase rent review of a large office building based on our interpretation of the disregard of improvements, saving several hundred thousand pounds.