Nicola Muir

Call:1998

Introduction and Contact details

"...formulates brilliant arguments." - Chambers UK (2009)

Nicola specialises in all aspects of property law, both on the commercial and residential side.

Nicola’s clients include both landlords and tenants; private and public entities; individuals and companies.
 
In recent years, Nicola has developed a particular expertise in Leasehold Valuation Tribunal work including service charge disputes and enfranchisement claims. As well as appearing before the Tribunal on numerous occasions, Nicola has given seminars to both solicitors and surveyors in relation to its practice and procedure as well as the legal aspects of such claims.
 
As a former solicitor, Nicola also has an active practice in dealing with conveyancing problems and disputes, large and small, often on an emergency basis.

Email: nicola.muir@hardwicke.co.uk

 

COMMERCIAL

Nicola is a specialist in property and landlord and tenant law.  Inevitably many commercial disputes involve land and Nicola undertakes commercial litigation with a property aspect.  Her work includes professional negligence claims; construction of agreements in relation to land; forfeiture and dilapidations claims; property related insolvency work and business lease renewals.

Arbitration

Arbitration is increasingly used for land related disputes and Nicola has been involved in a number of recent cases.

Examples of Recent Work

•  A reference in relation to the construction of a Joint Venture Agreement made for the purposes of disposing of a site intended for the development of a Tesco’s Superstore.
•  A claim for rectification of a sale contract of 42 plots of development land.

Professional Negligence

Nicola has extensive experience in property related professional negligence work
both as a solicitor and as counsel.  When she worked as a solicitor she
undertook a large number of claims on behalf of banks against solicitors and
surveyors in relation to conveyancing errors and defective valuations as well as
cases of fraud.

Examples of Recent Work

• Claim against solicitors where plot on the title deeds was not the same as the plot on the ground.
• Claim against solicitors for failing to act with proper speed in relation to the grant of a commercial lease and related sale and leaseback where proposed lessee killed in air crash prior to completion of the lease.
•  Advising on potential claim against solicitors for failing to protect son’s beneficial interest where son provided monies to fund his mother’s Right to Buy.

PROPERTY & PRIVATE CLIENT

Nicola specialises in all aspects of property law, both on the commercial and
residential side.  Nicola’s clients include both landlords and tenants; private and
public bodies; individuals and companies.

In recent years, Nicola has developed a particular expertise in Leasehold
Valuation Tribunal work including service charge disputes and enfranchisement
claims.  As well as appearing before the Tribunal on numerous occasions, Nicola
has given seminars to both solicitors and surveyors in relation to its practice and
procedure as well as the legal aspects of such claims.

As a former solicitor, Nicola also has an active practice in dealing with
conveyancing problems and disputes, large and small, often on an emergency
basis.

Land & Real Property

Nicola specialises in all aspects of land and real property law.  Her work includes:

- rights of way, boundary and adverse possession disputes
- restrictive covenants
- conveyancing problems and disputes
- mortgage possessions
- property related professional negligence claims
- property related contractual disputes
- Land Registration issues
- enfranchisement claims

Nicola regularly appears before the Adjudicator to HM Land Registry and the Lands Tribunal as well as the Courts.

Examples of Recent Work

• Claim for alteration of the register or indemnity following sale of land to innocent third party by fraudster masquerading as client.
•  Appeal in Lands Tribunal in relation to premium to be paid to enfranchise
  land on which client had built extension to existing house on her own freehold land.
• Advising in relation to right of way to a farm where failure to reserve right on a sale of part.

Landlord and Tenant – Commercial

Nicola’s commercial landlord and tenant work includes:

- Forfeiture and dilapidation claims
- business lease renewals
- construction of leases
- rights of way, boundary and adverse possession disputes

Examples of Recent Work

• Forfeiture for breach of repairing covenant in a restaurant lease and relief from forfeiture
• Defending claim of derogation from grant on behalf of owners of a shopping mall.
• Drafting submissions on construction of rent review provisions for major supermarket in rent review arbitration
• Advice on tenants’ service charge liability in respect of maintenance of bridges in a dock development

 
Landlord and Tenant – Residential

Nicola’s residential landlord and tenant work includes:

- Possession and injunction claims for breach of the lease terms
- Service charge disputes
- Enfranchisement and lease extension work
- Rights of first refusal

Examples of Recent Work

• Jayasinghe v Liyanage Chancery [2010] EWHC 265 (Ch) [2010] PLSCS 53
• Test case on whether replacement of analogue TV aerials with digital TV aerials constitutes a “repair” for the purposes of charging the cost to the service charges of local authority long leaseholders.
•  Appeal on Right of First Refusal sanctions exercised 15 years after the “relevant disposal”.
• Acting for landlord in enfranchisement of riverside housing development with moorings.
• Determination of breach applications in the LVT prior to forfeiture of residential lease.

Social Housing

Nicola undertakes work on behalf of local authorities, registered social landlords
and tenants covering both advocacy and advisory work.  Her work incudes:

- possession claims

- anti-social behaviour related work

- acting for local authorities and social landlords in service charge disputes including claims brought as test cases

- enfranchisement claims against local authorities and RSLs and advising on inter-relation with Right to Buy legislation

- claims against long leaesholders for unlawful alterations

Examples of recent cases

- advising RSLs on implementation of the Housing Corporation’s policy that leases should contain covenants which allow refinancing for the purpose of carrying our repairs to the property but not for the purpose of purchasing a new car or a holiday.

- advising on the occupational status of tenants of live/work units

- appeal to lands tribunal on inter-relation between leaseback provisions on enfranchisement and Council’s liability to limit services charges where secure tenant exercises right to buy.

- test case on behalf of local authority on recovery of actual cost of management of an estate via long leaseholders’ service charge

Trusts of Land

Nicola has acted in many co-ownership cases involving both co-habitees and
other co-owners.  In addition she has been instructed in relation to
claims relating to resulting, implied and constructive trusts as well as proprietory
estoppel claims.

Recent work

• case before the Adjudicator to HM Land Registry where aunt claimed that the property registered in the name of her nephew was held on trust for her by another man of the same name.
• claim for possession by the executor of an estate whose brother claimed alternatively that he had a beneficial interest in the property or that he was entitled to stay in the property by virtue of his late mother’s promise to leave it to him on her death.
• claim against lady claiming beneficial interest in property by virtue of her husband’s promise on entering into an arranged marriage that she would live with him.
• claim for order for sale and equitable accounting against co-owner who moved to Australia shortly after purchase in joint names.