Fleur Uren

Notable Commercial Property Disputes cases

• Multiple disputes with neighbour
  

  Advising and assisting the client in relation to multiple disputes with a neighbour including the interruption of a water supply to the client’s livestock, easements, obtaining an injunction, rights of way and a boundary dispute. Assisting to reach a solution for the client which recently resulted in further injunctions against the Defendant to comply with the previous agreement reached at mediation and included a settlement for damages as a result of the Defendant’s breaches of a Tomlin Order.

• Complex boundary dispute
  

  Represented an estate in a complex boundary dispute. Advising the client in relation to the historic background to the disputed land and in relation to the other party’s potential claim for adverse possession. Arguing complex legal points with the other party to establish and enforce the client’s claim on the disputed land.

• Commercial Property Notices
  

  Assisted a client with an agricultural farm business in relation to commercial property notices. Advising the client to establish the entity in occupation and sums owed by the previous tenant and in relation to the tenant who had entered occupation without permission. Initiated lease renewal under the Landlord and Tenant Act 1954 and negotiated the terms for a new lease.

• Implied breach of lease
  

  Assisted a restaurant company with a claim for damages against a commercial landlord for an implied breach of lease. Providing advice following a fire that broke out at the property resulting in significant damage and further losses in addition to advising on liability and resolving through ADR.

• Possession claim
  

  Advising the client in relation to the occupation of an individual in a caravan on their farmland. Successfully obtaining possession back from the individual who had not been paying rent to the client. Assisted the client in serving a Torts (Interference with Goods) Act 1977 notice to ensure that the caravan and other belongings left of the land could be disposed of by the client without any further claim from the Defendant.

• Mobile Home Litigation
  

  Helped a local mobile home park owner with multiple disputes:

  • Assisting and advising the client in relation to the liability of the local authority following a blockage on a nearby drain system which led to the flooding of the client’s mobile home park and significant damage. Securing a settlement from the local authority to cover the cost of the damage.
  • Assisting the client with processing and enforcing yearly pitch fee reviews to ensure the client received a fair pitch fee from occupants.
  • Assisting the client with a dispute with an executor following the passing of one of the occupants. The executor allowed the pitch and mobile home to go into a state of disrepair and was responsible for multiple breaches of the Written Agreement tenancy. Advising and assisting with serving a formal notice of breach and negotiating a resolution.

  Advising the client in relation to breaches of the Written Statement by an occupier and their harassment of a neighbouring occupier.