Tricia Hemans practises in all areas of commercial and residential landlord and tenant and real property law. Tricia has particular experience of commercial and residential possession proceedings, as well as disputes before the First-tier Tribunal relating to collective enfranchisement and land registration. In the recent past, Tricia has frequently been instructed to act in cases involving mortgages and law of property act receivership.
She is interested in all areas of the law, where they impinge on property related matters, such as professional negligence and insolvency. Tricia has also been led in the Family Division of the High Court, in a dispute involving a divorce settlement with a property law dimension. She is currently being led by Jonathan Karas QC in relation to a complex arbitration.
As a junior tenant, Tricia has a busy court practice, frequently acting for parties in trials and applications. She appears regularly in the First-tier Tribunal and County Court and has experience in the Chancery and Queens Bench Divisions of the High Court. Tricia also has experience of mediation advocacy.
The Mortgage Business Plc and others v E&J Ground Rents NO3 LLP and others (2017): Tricia appeared for the successful claimant in the High Court, Chancery Division. The claim involved the rectification of mistakes in various documents, consequential declarations and the updating of the land register to reflect the rectification.
Imran Garrib v Palwontee and Bank of Scotland (2017): Tricia appeared for the successful second defendant, the Royal Bank of Scotland, in a two-day trial in the First-tier Tribunal (Land Registration). The case concerned whether the proprietorship register should be rectified due to an allegedly fraudulent transfer and if so, whether a charge in favour of the bank should also be removed as a consequence of the original mistake. The case raised issues concerning the equitable remedy of subrogation, the scope of the Tribunal’s powers to correct the consequences of a mistake and its jurisdiction determine matters referred to it.
Price v Daejan Properties Ltd. (2017): Tricia appeared in a one-day valuation dispute before the First-tier Tribunal (Residential Property). The case concerned the correct premium payable for a new lease under the Leasehold Reform Housing and Urban Development Act 1993. Tricia cross-examined an expert valuer on issues of the appropriate deferment rate, capitalization rate and relativity.
Maduakonam acting by Jardine and Burgess (LPA receivers) (2017): Tricia appeared for the successful Law of Property Act receivers in two separate cases concerning mortgage receivership. The Court had to grapple with questions of standing in circumstances where a receiver brought a claim against the occupiers of a mortgage property, in the name of the borrower and the borrower sought to be joined as a party in his own right in order to defend the claim. The cases also raised issues of the validity of a receiver’s appointment and the question of the borrower’s powers to let property once a receiver had been appointed.
Hogben v Wood (2017): Tricia appeared for the successful claimant in a one-day trial of a complex residential possession claim. The case involved issues concerning the effect of a historic deed of gift, probate and the transfer of a property pursuant to various wills.
The Mayor and Burgesses of the London Borough of Haringey v Roy and Roy (2017): – Tricia appeared in the First-tier Tribunal (Residential Property) for the successful defendant in a dispute concerning the payment of service charges and whether the consultation requirements under section 20 Landlord and Tenant Act 1985 and the service charges (consultation requirements) (England) Regulations 2003 had been complied with
Tami Jane Wallace v Central London County Court and others (2016): Tricia appeared for the successful interested party in the Admin Court to oppose an application for permission to claim judicial review
Mortgages 1 Limited v Hossein Gharaie (2016): Tricia appeared in the Queen’s Bench division of the High Court and successfully opposed an application for permission to appeal
Area Estates Ltd and others v Moira Hanley: Tricia acted for the successful tenants in collective enfranchisement dispute pursuant to the Leasehold Reform, Housing and Urban Development Act 1993. In two separate but related claims, Tricia was successful in arguing for an order determining the terms of acquisition and an order vesting the freehold interest in the nominee purchaser.
O'Brien v D'Aoust (January 2016): Tricia appeared for the Defendant in a 3 day county court trial before a circuit judge. The dispute related to the location of a boundary between two properties and the existence and extent of a right of way.
Ramesh Kerai v Narinda Sharma (LON/00AE/OLR/2015/0750): Tricia appeared for the successful applicant in an application for costs before the First-tier Tribunal. The Tribunal, pursuant to Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, ordered the Respondent to pay the Applicant’s costs incurred and incidental to the Respondent unreasonably defending and conducting proceedings.
Tricia has been involved in numerous mediations as mediation advocate. This included legal issues concerning:
the correct location of a boundary between two residential properties
negligence and nuisance resulting from an ingress of water on land which affected a neighbouring property
a claim for specific performance and damages including aggravated damages, resulting from an alleged failure by a landlord to carry out repairs
Tricia advises regularly on landlord and tenant related matters and real estate litigation matters. Her recent advisory work has included:
The rights and obligations of Law of Property Act receivers in relation to mortgage disputes.
The recent changes to the Consumer Credit Act 1974, made by the introduction of the Mortgage Credit Directive 2014/17/EU and its impact on mortgage and other land agreements.
Whether a possession claim can be brought based on ground 8 of Schedule 2 of the Housing Act 1988, where rent is paid bi-annually.
the enforceability of restrictive covenants
the validity of notices under the notoriously difficult and technical Leasehold Reform, Housing and Urban Development Act 1993, the effect of failing to serve a section 42 notice on a party of the lease and the effect of a misdescription of the property to be acquired in a collective enfranchisement dispute.