Fern Schofield (née Horsfield-Schonhut) practises in all areas of real property and landlord and tenant law, in both commercial and residential contexts. She has particular expertise in telecoms law and appeared as junior counsel, led by Wayne Clark, in the first case under the New Code to be heard in the Court of Appeal.
Fern’s recent cases and advisory matters have included the following areas:
Residential landlord & tenant, including possession proceedings, tenancy deposit claims, service charge disputes and enfranchisement
Commercial landlord & tenant, including forfeiture, dilapidations and opposed and unopposed renewals under the Landlord & Tenant Act 1954
Telecoms (primarily landowner)
Nuisance and trespass
Mortgages, including FCA regulation and the position of the mortgagee on sale
EE Limited and Hutchison 3G UK Limited -vs- Aviva Investors Ground Rent Holdco Limited and Aviva Investors Ground Rent GP Limited  UKUT 0057 (LC): Electronic Communications Code, When Para 26 interim rights appropriate, costs discretion
Vodafone Limited v Hanover Capital Limited  EWMisc 13(CC) – Junior counsel, led by Kester Lees, in the first reported decision concerning determination of rent under the Landlord and Tenant Act 1954 where the renewed lease will be an agreement under the Electronic Communications Code.
On Tower UK Limited v. JH and FW Green Limited  UKUT 0348 – Junior counsel, led by Kirk Reynolds QC, in the first Part 5 renewal determined by the Upper Tribunal under the Electronic Communications Code, concerning consideration payable for a rural greenfield site.
CTIL v Compton Beauchamp Estates Ltd  EWCA 1755, CA – Junior counsel, led by Wayne Clark, in the first case under the new Electronic Communications Code to reach the Court of Appeal, concerning who is the ‘occupier’ for the purpose of granting code rights.
Bate v Affinity Water Ltd  EWHC 3425 (Ch) – Junior counsel, led by Guy Featherstonhaugh QC, in a case concerning the legal basis of the presence of a water main, involving acquisition of easements by prescription and the exercise of statutory powers.