Hope Community Church (Wymondham) v Phelan and others (as Trustees of The Phelan Group Limited Retirement Benefits Scheme)  EWHC 1240 (Ch): Led by Guy Fetherstonhaugh QC, Tricia Hemans acted for the Defendant as the Court considered when the right to enfranchise can be exercised under the little encountered, Places of Worship (Enfranchisement) Act 1920. While there are some Upper Tribunal cases dealing with compensation, this is only the second reported case to deal with the question of when the right can be exercised. The High Court has now shed some much-needed light on what is required under s.1 of the 1920 Act.
Yuen v Wong (2019): Tricia appeared in the First-tier Tribunal as it considered an important point on which there is no clear authority, concerning whether, for the purpose of creating a deed, it is possible to witness a signature remotely.
3 and 41 Observatory Way Ramsgate CT12 6AZ and 24, 36, 54, 60 and 86 Pretoria Road Chertsey Surrey KT16 9AZ. Tricia recently appeared in the First-tier Tribunal, Property Chamber (Residential Property) as it considered seven leases with doubling ground rent provisions. The Tribunal determined the appropriate capitalisation rate to be applied to doubling ground rents following applications under s.48 Leasehold Reform Housing and Urban Development Act 1993 to determine the terms of acquisition of seven separate lease extensions.
Rashid v Nasrullah  EWCA Civ 2685: Tricia appeared in the Court of Appeal led by Stephanie Tozer in this important case on adverse possession. The court considered whether a person who had, by fraud, become the registered proprietor of land could successfully claim adverse possession of that land in the face of a challenge by the defrauded original proprietor.
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.
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.