Ellodie Gibbons

Property

Ellodie is a specialist leasehold barrister with particular expertise in leasehold enfranchisement, service and administration charge disputes, right to manage and rights of first refusal. She also deals with related areas of law such as easements, restrictive covenants, property related professional negligence and commercial landlord and tenant.

Ellodie has extensive experience in all aspects of landlord and tenant work, including:

• Acting for freeholders and leaseholders of houses under the Leasehold Reform Act 1967
• Residential leasehold management and disputes under the Landlord and Tenant Act 1985
• Rights of first refusal, the variation of leases, the appointment of a manager and freehold acquisitions (particularly in the case of missing landlords) under the Landlord and Tenant Act 1987
• The extension of leases and acquisition of freeholds via collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993; and
• The Right to Manage under the Commonhold and Leasehold Reform Act 2002.

Ellodie also deals with more general leasehold issues such as the interpretation of covenants and appeared in the leading Supreme Court case on the reasonableness of withholding consent under a qualified covenant, a case which concerned mixed use property and the enfranchisement risk of a change of use. Ellodie is equally happy to deal with non-leasehold easements and covenants and has considerable experience advising on the release of restrictive covenants affecting not only leasehold, but also freehold, land under section 84 of the Law of Property Act 1925.

Ellodie acts for a broad range of clients, including the Great Estates, Crown tenants, groups of leaseholders, Local Authorities, developers, ground rent investors, high net worth individuals, housing associations and other charities and educational establishments. Ellodie’s work covers the length and breadth of England and Wales and she regularly travels to, or attends remote hearings in, areas with a high density of flats, such as the south coast, or leasehold houses, such as the Midlands.

Ellodie has experience of appearing before the courts at all levels and the First-Tier Tribunal and Upper Tribunal of the Property Chamber. However, she also understands the importance of keeping matters out of court, particularly as the majority of her work involves advising on transactions or acting in disputes in which the parties will be obliged to have a continuing relationship following the conclusion of that dispute. In this regard, she often reviews, drafts or advises on the validity of notices and advises on valuation issues or the terms of leases and transfers. Ellodie has also been praised by mediators for her approach to mediation.

Ellodie regularly speaks and writes on landlord and tenant matters. She is a contributor to ‘Service Charges and Management’ (Sweet & Maxwell) and is co-author of ‘Leasehold Enfranchisement Explained’ (RICS Publishing), a book which seeks to explain the legal aspects of enfranchisement for valuers but has been used widely by lawyers wanting an accessible guide to the subject. Whilst ‘Leasehold Enfranchisement Explained’ is now out of print, its content appears, and is regularly maintained by Ellodie, on iSurv, the RICS best practice website.

Ellodie’s enthusiasm and aptitude for dealing with the valuation aspects of leasehold enfranchisement has been further developed by her part-time role with the Law Commission. Since 2018 Ellodie has been working on the reform of the legislation with particular responsibility for the reform of the valuation provisions.