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Tiffany Scott

Call: 1998   

+44 (0)20 7306 0102tscott@wilberforce.co.uk

Property

Tiffany deals with all aspects of property litigation and advisory work including:

  • Commercial and residential landlord and tenant disputes (such as lease renewals, consents to assignment, unauthorised alterations and dilapidations claims).
  • Real property matters such as rights of way, rights to light and restrictive covenants (including modification under section 84 LPA 1925).
  • Interference with land such as trespass, nuisance and adverse possession claims.
  • Enforcement of legal charges, including mortgage possession proceedings and the appointment and removal of receivers and the exercise of their powers and duties.
  • Insolvency issues in the real estate and landlord and tenant context.
  • Disputes arising out of development agreements (including incomplete joint ventures, Pallant v Morgan type constructive trusts, proprietary estoppel; construction of agreements and the duties of joint venture partners, including good faith and best and reasonable endeavours clauses).

She was runner-up in the “Real Estate Junior of the Year” category at the Chambers UK Bar Awards in 2015 and has been recommended as a leading junior in this field for many years by The Legal 500 and by Chambers & Partners which comment that she is, “technically very sharp and engaging with clients” (2017); “bright and considered” (2017); “willing to explore issues and find creative solutions” (2016); “very at ease and confident, great with clients and easy to work with” (2016); “very, very approachable and good to work with” (2015); “a rising star, who is brilliant under pressure” (2014); “just very knowledgeable” (2014); with “an excellent grasp of complex valuation matters” (2013).

She is a member of the Property Bar Association and co-edits the chapters of Hill and Redman’s Law of Landlord and Tenant dealing with maintenance of the fabric of the premises and commonhold.

Recent cases include:

  • Acredart & Car Giant v London Borough of Hammersmith & Fulham (Mr Stephen Furst QC, TCC) [2017] EWHC 197 (TCC); [2017] EWHC 464 (TCC) – successfully acted for the Council in a dilapidations claim, concerning the correct approach to valuations under section 18(1) LTA 1927.
  • Hautford Ltd v Rotrust Nominees (decision of HHJ Collender) [2016] – successfully acted for the tenant in a claim that its landlord had unreasonably withheld consent to the making of a planning application on the grounds of feared enfranchisement; permission to appeal has been given to the landlord, appeal due to be heard in November 2017.  The first instance decision can be found here.
  • Canary Riverside Estate Management Ltd v Circus Apartments Ltd – currently acting for landlord of a block of flats in Canary Wharf worth around £35 million in proceedings brought as a preliminary to forfeiture and defending a counterclaim for unreasonable withholding of consent to assignment and subletting.
  • Currently acting in an arbitration in which a property developer is in a joint venture dispute with a landowner over the development of an estate of houses, involving complex questions of agency and authority.
  • Currently acting for a trustee in bankruptcy attempting to resolve long-running issues in dealing with numerous properties which the bankrupt purchased with money obtained from banks by fraud, raising complicated issues of trusts of property interests and land registration.
  • Currently advising in relation to a potential claim for rectification of a lease.
  • Leslie (Ashford) Ltd v Merlion Housing Association (FTT) [2016] – acting for a developer turning an office block into flats and seeking to terminate an agreement for sale.
  • Benjamin UK Ltd v Residents of Redwood Glade (UT) [2016] – acting for a company using a residential property in a cul-de-sac as a home providing residential care for looked-after children in proceedings to modify a restrictive covenant.
  • Waugh v Bank of Scotland [2016] – acting for the bank in proceedings seeking enforcement of legal charges which had not been properly executed and had not been properly registered.
  • Marston’s Property Development v Payne [2015] – acting for Marston’s in proceedings to enforce an agreement for sale, purchase and development of land; successful application for an expedited trial.
  • Jayford Flat Management Co Ltd v Herbert (FTT) [2015] – part success acting for tenant in trial of a claim brought by landlord as a preliminary to forfeiture, alleging various breaches of covenant.
  • Investec Bank (Channel Islands) Limited v Kamyab [2015] – acting for the bank in a claim to recover money which the defendant alleged had been used to purchase a property held in trust for a third party.
  • Peel Land and Property v TS Sheerness Steel Limited [2014] EWCA Civ 100 – successful appeal as to the removability of tenant’s fixtures.
  • Peel Land and Property v TS Sheerness Steel Limited [2013] EWHC 2689 – refusal of interim injunction to prevent removal of tenant’s fixtures pending appeal.
  • Advising a major national institutional investor in relation to its investment in a large well known shopping centre.
  • Representing major national asset managers in an adjudication to determine whether breaches of a service partner agreement had taken place in relation to the management of a portfolio of over 250 properties across the UK.
  • Representing Lincolnshire Co-Operative as landlord in 1954 Act lease renewal proceedings contested on ground (g) – defended by the Spar tenant on the basis that the 1954 Act is incompatible with the Human Rights Act 1998 in failing to provide adequate compensation.
  • Advising and acting for a major international oil and gas company in relation to threatened trespass and protests at key London sites during the Olympics.
  • Advising and acting for the administrators of Whittlebury Hall hotel near Silverstone (the subject of the Sargeant v Macepark litigation) in relation to a variety of landlord and tenant disputes including the construction of a sewage system, calculation of turnover rent and alleged unauthorised alterations and failure to redecorate.