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Brooke Lyne

Call: 2016
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Practice Summary

Brooke is a property practitioner with a diverse range of experience in residential, commercial and real property matters. She has had a busy 2020 so far with two cases in the Court of Appeal heard in January and a third case listed for December.

Brooke published two books in 2019: On Your Feet: A Practical Guide to Civil Advocacy; and A Practical Guide to the Homes (Fitness for Human Habitation) Act 2018. Brooke is also the Assistant Editor of the Housing Law Encyclopedia.

Brooke regularly films webinars, lectures and writes about landlord and tenant issues. In the past year she has covered a range of topics, including interim possession orders, orders for sale, forfeiture, property licensing and the Homes (Fitness for Human Habitation) Act 2018.

Recent cases

  • 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.
  • Brooke was instructed in both the High Court and Court of Appeal in R (JCWI) v Secretary of State for the Home Department on behalf of the Residential Landlords Association, which intervened in proceedings. The case concerned whether the “right to rent” scheme introduced by the Immigration Act 2014 caused discrimination on the basis of race and nationality.
  • Brooke acted for the successful appellant in Holding and Management (Solitaire) Limited v Miller [2019] UKUT 402 (LC). The case concerned a residential leasehold dispute which had been transferred to the First Tier Tribunal from the County Court. The Upper Tribunal accepted the appellant’s arguments that the tribunal had erroneously made determinations that were outside its jurisdiction and that did not form part of the original claim.
  • Brooke appeared (being led) in the Supreme Court in January 2019 in Samuels v Birmingham City Council [2019] UKSC 28 [2019] 4 All E.R. 773; [2019] P.T.S.R. 1229; [2019] 6 WLUK 129; [2019] H.L.R. 32; Times, July 25, 2019. This case concerned whether the local authority had adopted the correct approach in determining whether accommodation was “affordable” for the purposes of the homelessness legislation.

Residential Landlord and Tenant

Brooke acts for landlords and tenants in all types of residential property matters, including possession claims; leasehold disputes; forfeiture proceedings; the right to manage; lease extension matters; rights of first refusal; unlawful eviction; disrepair; and other breach of covenant claims.

Having formerly been a member of a specialist housing set of chambers Brooke acquired an extensive knowledge of residential landlord and tenant law. In her first few years of practice Brooke gained practical experience of housing litigation during a six-month secondment at a large local authority. This background means that Brooke is well-placed to act and advise in matters where there is an intersection between property law and public law.

Brooke’s recent court appearances include:

  • 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 South East of England.
  • Appearing in the First Tier Tribunal on behalf of a landlord in relation to a dispute about a service charges and administration charges payable by a long leaseholder.
  • Successfully obtaining a determination that a leaseholder was in breach of her lease following a contested hearing in the First Tier Tribunal.
  • Successfully obtaining a possession order on behalf of a local authority following a fast-track trial. The case raised complex issues under the Equality Act 2010 as a result of the Defendant’s mental health and hoarding behaviour.
  • Successfully obtaining an injunction for re-entry following the unlawful eviction of a residential tenant.
  • Obtaining a mandatory injunction requiring a tenant to provide access and carry out works in accordance with the terms of her tenancy agreement.
  • Successfully applying to vary a suspended possession order to an outright order following new breaches of the defendant’s tenancy.

Brooke has recently advised on the following issues:

  • 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.
  • Validity of enfranchisement notices.
  • The prospects of applying for a management order under the Landlord and Tenant Act 1987.

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 recent court appearances include:

  • Acting for an intermediate landlord in proceedings alleging breach of covenant of a commercial lease.
  • Obtaining possession orders 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:

  • 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.

Real Property

Brooke has a wide range of experience in of real property matters, including disputes relating to easements, restrictive covenants, adverse possession, mortgages, land registration and co-ownership.

Brooke’s recent court appearances include:

  • 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.
  • Obtaining interim injunctions in the High Court against “urban explorers” seeking to climb the exterior surface of various shopping centres across the UK.
  • Successfully obtaining a declaration of equitable ownership and order for sale under TOLATA.

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.

Memberships

Property Bar Association
Housing Law Practitioners Association

Qualifications

Bar Professional Training Course, City University, Outstanding

Graduate Diploma in Law, City University, Commendation

BA (Hons.) English, Girton College, University of Cambridge, 2.1

Brooke was awarded a Duke of Edinburgh Scholarship and Exhibition awards for her Graduate Diploma in Law and for her Bar Professional Training Course.

Publications

Brooke is the author of A Practical Guide to the Homes (Fitness for Human Habitation) Act 2018, published by Law Brief Publishing in December 2019.

Brooke is co-author of On Your Feet: A Practical Guide to Civil Advocacy, published by Sweet & Maxwell in 2019

Brooke is the Assistant Editor of the Encyclopedia of Housing Law and Practice

Brooke was the Editorial Assistant of the 11th edition of Homelessness & Allocations (2018)

“A Sigh of Relief for Landlords”, New Law Journal, N.L.J. 2020, 170(7897), 11-12

“The Burden of Landlord’s Consent”, EG online, 7 May 2020

“Gas safety certificates and section 21 notices”, Estates Gazette, E.G. 2020, 2028, 53

“Housing Law Judicial Review: Discrimination Cases and Access to Housing”, Judicial Review Journal, J.R. 2019, 24(3), 197-204

“Where to next?”, New Law Journal, N.L.J. 2018, 168(7804), 17

“An Estoppel Case Review”, New Law Journal, N.L.J. 2018, 168(7779), 13-14

“Clarity Matters: enforcing possession orders in the High Court”, New Law Journal, N.L.J. 2017, 167(7772), 17

Co-author of “Upper Tribunal Decision on Corvan v Mahmoud”, ARMA, Autumn 2017

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