Andy Creer

Call:2005

Introduction and 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.

Out of Chambers Andy enjoys being up mountains or under (warm) water.

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234

E-mail: andy.creer@hardwicke.co.uk

PROPERTY & PRIVATE CLIENT

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 handles a large volume of mortgage related cases, including shortfall claims, Consumer Credit Act claims and defences available to the mortgagors.

Recent Work

• Pursuing remedies for defective charges
• Advising on the powers of LPA Receivers
• Considering the rights of third parties, including those under sale and leaseback arrangements
• Pleading Defences based undue influence, forgery & non est factum
• Obtaining a without notice HC injunction to restrain acts of trespass
• Advising on the claims for possession under the Land Registration Act 2002.

• Claims for a determination of a boundary and related claims in trespass

Landlord & Tenant Commercial

She has acted for both landlords and tenants in business lease renewal under the 1954 Act. Her work involves the interpretation of leases and advising on contractual obligations. 

Recent Work

• Arbitration on dilapidations
• Applying for relief from forfeiture
• Advising on the merits of a claim in conversion in respect of item left by the tenant after the end of the lease.
• Advising on insurance provisions

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

• Advising on quantum in Protection From Eviction Act 1977 claims
• Acting in defence of a tenants’ right of first refusal claim
• Advising on lease extension claims, including considering the validity of s.42 notices.
• 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 and ASBIs.

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
• dvising on the validity of personal guarantees
• Acting for financial institutions in payment protection disputes, including a successfully defending at trial a claim in misrepresentation.
• Applying limitation issues involving knowledge under s.14A of the 1980 Act.