Brooke Lyne

Property

Real Property

Brooke has a wide range of experience real property matters, including disputes relating to trespass, boundaries, easements, restrictive covenants, adverse possession, land registration and co-ownership. Brooke has extensive experience of multi-day trials, often involving disputes between neighbours where numerous causes of action may be in issue.

Brooke’s notable court appearances include:

• Successfully obtaining the modification of a restrictive covenant in the Upper Tribunal (Beeches Capital v Hunt [2024] UKUT 414 (LC); [2025] 1 P. & C.R. DG17).
• Appearing for the Claimant in a 5-day trial before HHJ Evans-Gordon in Central London County Court in a claim for malicious falsehood arising from allegations about the Claimant’s land (March 2025).
• Appearing for the defendant in a long-running dispute about a boundary wall (ongoing).
• Acting for the defendants in a complex 4-day trial before HHJ Walsh in Leeds between warring neighbours. The case involved a whole range of legal issues including a boundary dispute that had a messy 70-year history, adverse possession, trespass, the party wall act, nuisance, breach of covenant and harassment (June 2024).
• Acting for the claimant in a dispute relating to the parties’ respective equitable interests in respect of co-owned land. The claim involved allegations of fraud and undue influence (2024).
• Obtaining injunctions in the High Court against “urban explorers” seeking to climb the exterior surface of iconic buildings in across the UK, including the Centre Point building in central London (2023). Successfully defeating a claim at trial arising from a purported breach of a restrictive covenant preventing the defendant from carrying out planting or fencing “along the boundary” of their land.
• Successfully obtaining a possession order in relation to freehold land following non-payment of a rent charge. Brooke had previously advised in relation to right to re-enter the property under 121(1), Law of Property Act 1925.

Brooke has recently advised on the following issues:

• Whether a restrictive covenant prevented a freeholder from using parts of their house for holiday lettings.
• Ownership rights and rights of access over parts of the foreshore.
• Implied rights of way over development land.
• The prospects of successfully applying for the discharge or modification of a restrictive covenants that no longer appeared to be enforceable.
• The likelihood of a successful claim for adverse possession following 25 years of use of parking spaces.
• Whether a proprietary estoppel had arisen in relation to a land-swap arrangement that was not properly documented.

Commercial Landlord and Tenant

Brooke acts for both landlords and tenants in a wide range of commercial property disputes, including claims concerning forfeiture, lease renewals, rent reviews and dilapidations.

Brooke’s notable court appearances include:

• Acting for a successful landlord in a longstanding dispute relating to possession of a GP surgery where possession, money judgment and costs were obtained (March 2025).
• Acting for a tenant of commercial premises in relation to breaches of repairing covenants, which had caused substantial damage to the premises.
• Acting for a landlord of commercial premises where the subtenant seeks relief from forfeiture in the form of a vesting order under s.146(4), Law of Property Act 1925.
• Acting for an intermediate landlord in proceedings alleging breach of covenant of a commercial lease.
• Obtaining a possession order and money judgment following forfeiture of a lease of commercial premises.
• Applying for permission to allow a landlord to forfeit a lease within insolvency proceedings.

Brooke has recently advised on the following:

• The prospects of successfully opposing a new commercial lease on the basis of ground (f).
• Liability and quantum in a professional negligence dispute arising from loss of security of tenure under the Landlord and Tenant Act 1954.
• Whether a property used for short lettings fell within the provisions of the Landlord and Tenant Act 1954.
• A tenant’s prospects of obtaining relief from forfeiture following breaches of covenant.

Residential Landlord and Tenant Disputes

Brooke acts for landlords and tenants in all types of residential property matters, including possession claims; claims involving Rent Act tenancies; leasehold disputes; forfeiture proceedings; the right to manage; leasehold matters under the Building Safety Act 2022; ; unlawful eviction; disrepair; and other breach of covenant claims.

Brooke has extensive knowledge of residential landlord and tenant law.

Brooke’s notable court / tribunal appearances include:

• Acting for the landlord is an application for the appointment of a manager where the building was being managed by a right to manage company (SGL 1 LTD v Fox Street RTMs, MAN/00BY/LAM/2023/0008).
• Brooke appeared on behalf of a managing agent in a successful strike out application where RTM company had brought a s.27A application against a managing agent that was not a party to the lease and was simply an agent appointed by the landlord during the relevant period (Holmwood (Leeds) RTM Company Limited v Domus Services Limited, MAN/00DA/LSC/2023/0079).
• Successfully obtaining one of the first remediation orders under the Building Safety Act 2022 and then a r.13 costs order against on behalf of group of leaseholders (Various Leaseholders of Spur House v W N Enterprises Limited, LON/00BA/HYI/2023/0017
• Brooke appeared in the Court of Appeal for the successful appellant (led by Simon Allison) in Aviva Investors Ground Rent GP Ltd v Williams [2021] EWCA Civ 27; [2021] 1 W.L.R. 2061. The case concerned apportionment in residential service charge cases and the meaning and effect of s.27A(6), Landlord and Tenant Act 1985.
• Acting as sole counsel, Brooke appeared in the Upper Tribunal in Kowalek v Hassanein Ltd [2021] UKUT 143 (LC). The appeal concerned the proper approach to quantifying rent repayment orders under the Housing and Planning Act 2016. An application for permission to appeal has been made to the Court of Appeal.
• Brooke appeared in Trecarrell House Limited v Rouncefield [2020] EWCA Civ 760 (being led by Justin Bates) on behalf of the successful appellant landlord. The case concerned whether a landlord’s failure to provide a tenant with a gas safety certificate prior to occupation is capable of remedy, or whether it operates as a complete barrier to service of a valid s.21 notice. The Court of Appeal accepted the landlord’s argument that non-compliance was capable of remedy if the relevant gas safety certificate had been provided to the tenant prior to service of the s.21 notice.
• In Hook v Hawkins [2019] UKUT 147 (LC); [2019] 2 P. & C.R. DG18, Brooke appeared as sole counsel on behalf of the respondent to an appeal in the Upper Tribunal (Lands Chamber). This case concerned the complex interaction between the Matrimonial Homes Act 1983 and protected status under the Rent (Agriculture) Act 1976.
• Obtaining urgent possession orders in the High Court against persons who had trespassed onto areas of land that were crucial to the proper functioning of the railways in London and the Southeast of England.
• Successfully obtaining a determination that a leaseholder was in breach of her lease following a contested hearing in the First Tier Tribunal.

Brooke has recently advised on the following issues:

• Whether a Remediation Contribution Order might be available against various associates of a developer.
• The operation of a break clause in a residential tenancy agreement.
• Whether forfeiture proceedings could be brought against a long leaseholder following the subtenant using the property for short-term lettings on Airbnb.
• Whether a tenant had protection under the Rent Act 1977 and the landlord’s prospects of obtaining a possession order.
• The construction of repairing covenants in a long lease and whether a landlord was entitled to recover the costs of fire safety works.
• The prospects of applying for a management order under the Landlord and Tenant Act 1987.