Sophie Gibson

Property

Sophie’s practice encompasses the full spectrum of property law, including landlord and tenant (commercial and residential) and real property matters involving equity and trusts. Sophie acts in cases beyond her year of call. She has a growing Court of Appeal and Upper Tribunal (Lands Chamber) practice, particularly cases concerning land registration and the Right to Manage.

This year Sophie is instructed in matters at every level of civil court and property tribunal. She is acting unled in the County Court, High Court, First-tier Tribunal and Upper Tribunal and is led in the Court of Appeal and Supreme Court.

In recognition of her success in the residential property field, only eighteen months into practice Sophie was a finalist for the award of Barrister of the Year – Junior Counsel (Under 10 Years’ Call) at the Apartment Adviser Awards (formerly the ERMAs).

Sophie is taught Land Law at the University of Cambridge (Magdalene College) during Michaelmas 2025 alongside her barrister practice.

Sophie is on the editorial team of the Encyclopaedia of Housing Law and Practice and is currently drafting the entries on the new Renters’ Rights Act.

In the last year, she has been instructed as junior counsel in two significant Court of Appeal cases on the Right to Manage, delivering oral submissions both times, with another case listed for April 2026.

Most recently, she was involved in Avon Freeholds Ltd v Cresta Court E RTM Co Ltd [2025] EWCA 1016. This case is essential reading for property practitioners as it has an impact far beyond the Right to Manage. Sophie has written an article addressing the practical implications of the case which can be read here.

Sophie is very comfortable on her feet and enjoys the challenge of advocacy while under pressure, especially that posed by complex legal submissions on appeal and cross-examination of witnesses. She also acts in an advisory capacity alongside her court practice.

Sophie’s notable recent work includes:

• Junior counsel in the Supreme Court (led by Justin Bates KC) for the landlord in Avon Freeholds Ltd v Cresta Court E RTM Co Ltd. Sophie acted in both the Court of Appeal ([2025] EWCA Civ 1016; [2026] 1 WLR 166; [2026] 1 All E.R. 861; [2025] HLR 44; [2026] L & TR 3) and the Upper Tribunal (Lands Chamber) ([2024] UKUT 335 (LC); [2025] 1 WLR 1262; [2025] L & TR 4; [2025] 4 CL 131) addressing the effect of the registration gap on the Right to Manage provisions in the Commonhold and Leasehold Reform Act 2002 and the service of notices inviting participation under that Act. On both occasions, Sophie delivered the oral submissions on the land registration issue with which the Tribunal and the Court agreed.
• Junior counsel (led by Justin Bates KC) for the Respondent in the Court of Appeal in 159-167 Prince of Wales Road RTM Co Ltd v Assethold Ltd [2024] EWCA Civ 1544 concerning estoppel and the effect of the registration gap on the Right to Manage provisions in the Commonhold and Leasehold Reform Act 2002. The Court’s judgment records that Sophie delivered oral submissions with “notable clarity and skill” ([8]).
• Sole counsel for a commercial landlord, advising on terminating a business tenancy in accordance with Part II of the Landlord and Tenant Act 1954 and the merits of grounds of opposition within s.30(1)
• Sole counsel for the successful executor in a two-day trial in the Land Registration Division of the First-tier Tribunal (Property Chamber) on a case involving complex matters at the interface of traditional chancery and land registration, including setting aside a deed of trust for mistake and undue influence. The judgment is available here.
• Sole counsel for the Respondent freeholder resisting a claim for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, involving issues of adverse possession and the consequences of failing to comply with procedural requirements in a post-A1 Properties world.
• Sole counsel in a two-day multi-track trial representing the successful Claimant in a complex and hotly contested Trusts of Land and Appointment of Trustees Act 1996 matter, winning on every single issue and securing an order for sale, account of profits, and an interim costs award of 75%.
• Sole counsel for the successful Respondent in a two-day trial in the Land Registration Division of the First-tier Tribunal (Property Chamber) addressing joint ownership, proprietary estoppel, and common intention constructive trusts in the domestic consumer context against a controversial factual background. The judgment is available here, in which Sophie is praised for her “vehement” and “succinct” submissions.
• Junior counsel (led by Jon Wills) in Atkinson v Browne [2025] EWHC 1448 (Ch), representing in the High Court trial the successful residents of a private housing estate in a case concerning restrictive covenants, trusts, the interpretation of conveyances, and adverse possession. This is the first decision in this jurisdiction confirming that an unincorporated association can acquire title to land by adverse possession, despite having no distinct legal personality of its own.
• Sole counsel for the successful long leaseholder and upstairs neighbour whose downstairs neighbour brought claims in nuisance and negligence following instances of water egress into her flat. The claims for damages and injunctions were dismissed after a 2.5 day trial in the County Court involving extensive expert evidence, with Sophie’s client being awarded 83% of his costs.

She has experience in a wide range of property matters, such as:

• Possession proceedings (commercial, residential, mortgage and trespassers)
• Land registration
• Business lease renewals under Part II of the Landlord and Tenant Act 1954
• TOLATA claims
• Enfranchisement, right to manage, and rights of first refusal under the Leasehold Reform Act 1967, Landlord and Tenant Act 1987, Leasehold Reform Housing and Urban Development Act 1993 and Commonhold and Leasehold Reform Act 2002.
• Housing disrepair and unfitness claims
• Rights of light
• Equity and trusts of land, particularly in the context of family homes
• Restrictive covenants and their enforceability
• Building Safety Act 2022
• Service charge disputes and fire safety matters under the Landlord and Tenant Act 1985
• Easements
• Proprietary estoppel
• Wills, trusts and estates especially in the property context
• The Human Rights Act 1998, Article 8 ECHR and A1P1
• Bankruptcy and insolvency
• Statutory and charitable trusts
• The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020

Sophie is on the editorial team of the Encyclopedia of Housing Law and Practice (Sweet & Maxwell) and has previously assisted with editing Snell’s Equity (Sweet & Maxwell) and Land Law: Text, Cases and Materials (OUP). She has written articles for the Estates Gazette and LexisNexis on land registration issues and the Right to Manage.

Sophie’s academic background complements her practical experience, allowing her to think creatively to find solutions for clients. Before joining Landmark, Sophie worked as a Research Assistant and Admissions Tutor at the University of Oxford. She undertook complex research into all areas of property law and theory, landlord and tenant, equity and trusts, personal property, charities, housing, and the overlap between property law and human rights.

Planning

Sophie has an interest in the issues which overlap planning and property. For instance, she regularly advises upon restrictive covenants and applications under section 84 of the Law of Property Act 1925 for modification or discharge. Her combined planning and property background make her well-placed to advise on property matters like this which have a planning element too.

Public and Administrative

Sophie’s cross-practice expertise means she is well-placed to receive instructions addressing property law matters in the public and planning contexts, including planning obligations and the ownership and disposition of land by local authorities.

Her notable recent work includes advising a residential landlord and creditor on the merits of challenging by way of judicial review the imposition of a Breathing Space Moratorium under The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. Sophie had previously successfully acted for the landlord in possession proceedings relating to the same tenant.