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Tiffany Scott QC

Call: 1998    QC: 2018

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

Property

Tiffany is a well-known property litigator and 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)
  • Claims for rectification of leases and other agreements
  • 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 will be appearing in the Supreme Court in May 2019 on the appeal from the decision of the Court of Appeal in Rotrust Nominees Ltd v Hautford Ltd [2018] Ch 603 (CA), a claim that a landlord has unreasonably withheld consent to the making of a planning application on grounds of feared enfranchisement.

She has been ranked in this field for many years by The Legal 500 (Tier 1) and by Chambers & Partners which comment that she is, “a tough and tenacious advocate”, who “provides clients with excellent commercial legal solutions and is quick to get to the heart of a problem”, is “approachable, very friendly and has a keen eye for detail” (2019), “a great advocate who is very good at dealing with complex legal issues”, “responsive, thorough and knowledgeable” (2018), “technically very sharp and engaging with clients” (2017); “bright and considered” (2017); “willing to explore issues and find creative solutions” (2016). She is also said to have “an excellent grasp of complex valuation matters”.

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.

Cases include:

  • Dustyhall Ltd v Gower Furniture Ltd (2019) – acting for defendant tenant in claim alleging breach of the lease by parting with possession of the property to a group company for whom the tenant was acting as agent.
  • GE CIF Trustees v EE Limited (2019) – acting for landlord in claim where tenant alleges breach of covenant for quiet enjoyment, derogation from grant and repudiatory breach of the lease; 3 day trial in June 2019.
  • John v Shelvex (2019) – acting for claimants in proceedings alleging that a Pallant v Morgan equity has arisen, 4 day trial in June 2019.
  • Mir v Mir (FTT, 2018) -acting for the successful defendant in a 2 day trial to determine beneficial ownership of the family home.
  • Rotrust Nominees Ltd v Hautford Ltd [2018] Ch 603 (CA) – acting for the successful tenant on appeal and at first instance in a claim that its landlord had unreasonably withheld consent to the making of a planning application on the grounds of feared enfranchisement.
  • Kilburn v London Borough of Barnet (2018) – acting for the tenant in 3 day trial under ground (f) of the 1954 Act, contesting that the landlord Council had shown a sufficiently clear and settled intention to redevelop where the relevant committee had not met to take a final decision.
  • Anglia Leisure Ltd v Burlinson (2018) – 5 day trial of a right of way dispute relating to ancillary rights to load and unload.
  • Acredart & Car Giant v London Borough of Hammersmith & Fulham [2017] EWHC 197 (TCC) and [2017] EWHC 464 (TCC) (Costs) – acting for the successful Council in a dilapidations claim, an important decision regarding the correct approach to valuations under section 18(1) LTA 1927.
  • Advising on various rectification claims relating to leases and land agreements.
  • Canary Riverside Estate Management Ltd v Circus Apartments Ltd –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. 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.
  • 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, properly registered.
  • 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.
  • 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.
  • 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.