Andy Creer

Introduction & Contact details

Andy came to the Bar after a successful career in industry, latterly as a company director negotiating international supply chain contracts. With wide experience of managing people and the commercial realities of business, Andy is popular with both lay and professional clients. She has excellent forensic analysis skills and can explain complex legal principles in simple terms.

Andy has developed a busy practice specialising in Property Law and its related commercial issues, for example, specific performance of contracts for sale and professional negligence claims involving conveyancers or surveyors. She has had a series of contract law trials recently where her meticulous preparation was put to good effect in cross examination!

Qualifications

• BSc (Combined Hons) 1993
• Mobil Oil Prize for Top Final Year Finance Student
• Aston Business School Prize for 2nd Year Combined Honours Business Student
• Grant Thornton Award for Best 1st Year Business Student
• PGDL 2004 (City) Commendation
• BVC 2005 (ICSL) Very competent

Professional Associations

• Property Bar Association

T:   020 7242 2523 (switchboard)
F:   020 7691 1234
E:   andy.creer@hardwicke.co.uk

Landlord & Tenant

Landlord & Tenant - Commercial

She has acted for both landlords and tenants in business lease renewal under the 1954 Act, including opposed claims under s.30(1). Her work involves the interpretation of leases and advising on contractual terms including insurance, dilapidations and break clauses.

Recent Work

• Advising national grocery retailer on contractual mechanism for apportionment of service charges
• Opposing brewery’s claim for possession on basis that a tenancy at will had never been created
• Defending claim for breach of quite enjoyment/non-derogation from grant during re-development of outlet centre
• Advising on rights of tenants affected by planned developments at shopping centre
• Advising on effect of disclaimer of intermediate lease on sub-tenant’s liability to headlessor for rent
• Advising on the merits of a claim in conversion in respect of items left by the tenant after the end of the lease
• Forfeiture claims for breaches of covenant of licensed premises

Landlord & Tenant - Residential

Andy has wide experience of issues in residential L&T, from possession and IPOs to the tenancy deposit scheme and disrepair claims. She regularly acts for tenants, management companies and landlords in service charge disputes before the LVT.

Recent Work

• Murphy v Wyatt [2011] EWCA Civ 408 – whether the Mobile Homes Act 1983 provided security of tenure retrospectively to a tenancy which did not preclude the siting of a caravan on a 1.7 acre site
• Considering circumstances where Court can set aside a possession order under CPR r3.1(7)
• Acting in defence of a tenants’ right of first refusal claim
• Acting in lease extension claims, including advising on the validity of s.42 notices and contested applications on the terms of a new lease
• Advising on the practical steps to forfeit a long lease on a number of claims involving illegal user, alienation and other breach of covenant

Social Housing

Her practice includes assisting RSLs and local authorities on all manner of lease/licence claims from Rent Acts tenancies through to non secure licences. Her cases have involved a range of issues from LSVTs, security of tenure, succession, exclusion orders, ASBIs and the merits of Powell public law defences.

Land & Real Property

Andy has acted on claims concerning the interpretation and enforceability of restrictive covenants, rights of way, boundary disputes and rent charges.

She regularly handles mortgage related cases, including shortfall claims, pursuing remedies for defective charges (the difference between equitable charges and equitable mortgages) and Consumer Credit Act agreements.

Recent Work

• Chelsea Building Society v Nash [2010] EWCA Civ 1247 – effect of a settlement with one debtor on their joint liability
• Advising on the powers of LPA Receivers, including the rights of occupiers where property was purchased by a third party from an LPA Receiver
• Considering the rights of third parties, including those under sale and leaseback arrangements
• Unravelling mortgage fraud and defended claims based on undue influence, forgery & non est factum
• Obtaining a without notice HC injunction to restrain acts of trespass
• Acting in a reference to the Adjudicator for removal of charge from the register
• Advising on the claims for possession under the Land Registration Act 2002
• Claims for a determination of a boundary and related claims in trespass

Trusts

Trusts of Land

Andy has acted in a number of cohabitee cases involving claims for a beneficial interest. She has fought a number of hotly contested applications by creditors for orders for sale under ToLATA 1996 and acted in similar claims between family members.

Trusts

Andy does advisory work on constructive trusts and equitable proprietary remedies.

Commercial

Banking, Finance & Credit

Andy is also regularly instructed on contract and commercial matters, dealing with the enforceability of contracts generally and agreements regulated by Consumer Credit Act legislation.

Recent Work

• Advising on the unfair relationship provisions of s.140A of the Consumer Credit Act 1974
• Advising on the validity of personal guarantees
• Applying limitation issues involving knowledge under s.14A of the 1980 Act