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Brooke Lyne

Call: 2016
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Practice Summary

Brooke is a property practitioner with a wide range of experience in residential and commercial property disputes. She enjoys a busy court practice and accepts instructions to appear in all courts and tribunals across England and Wales.

Brooke had a busy 2019 moving to Landmark Chambers in March, appearing as sole counsel in the Upper Tribunal (Lands Chambers) in April and publishing two books in the second half of the year: On Your Feet: A Practical Guide to Civil Advocacy; and A Practical Guide to the Homes (Fitness for Human Habitation) Act 2018.

Brooke regularly lectures and writes about landlord and tenant issues. In the past year she has filmed webinars for MBL Seminars on a range of topics, including property licensing and the Homes (Fitness for Human Habitation) Act 2018. Brooke is also the Assistant Editor of the Housing Law Encyclopedia.

Brooke is instructed to appear in the Court of Appeal twice in January 2020.

Recent cases

  • Being led by Justin Bates, and acting for the Residential Landlords Association in R (JCWI) v Secretary of State for the Home Department [2019] EWHC 452; [2019] 4 All E.R. 527 | [2019] 3 WLUK 12 | [2019] H.L.R. 35. The RLA successfully intervened in a judicial review of the “right to rent” scheme introduced by the Immigration Acts 2014 and 2016. The evidence and submissions by the RLA were wholly accepted by the High Court. The case is due to be heard in the Court of Appeal in January 2020.
  • Acting as sole counsel for the respondent in Hook v Hawkins [2019] UKUT 147 (LC); [2019] 2 P. & C.R. DG18, which was an appeal to the Upper Tribunal (Lands Chamber) about whether an occupier retained protected status under the Rent (Agriculture) Act 1976.
  • Providing written submissions on the behalf of the appellant in Holding and Management (Solitaire) Limited v Miller [2019] UKUT 402 (LC). The case was a service charge dispute and appellant appealed on the basis that the First Tier Tribunal made determinations in relation to charges, interest and costs that were outside its jurisdiction. The appeal was determined on the papers and the appeal was wholly successful.
  • Being led in the Supreme Court 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 the proper interpretation

Landlord and Tenant

Brooke has extensive experience of all areas of landlord & tenant law, including residential, commercial and social housing matters. Brooke gained practical experience of housing litigation whilst on secondment at a large local authority.

Brooke is instructed to appear in the Court of Appeal in January 2020 (being led by Justin Bates) on behalf of the landlord in Trecarrell House Limited v Rouncefield. This appeal concerns gas safety certificates and the entitlement to serve a s.21 notice. The case will have widespread implications for the private rental sector.

Brooke’s recent court appearances as sole counsel include:

  • Acting for the respondent in Hook v Hawkins [2019] UKUT 147 (LC); [2019] 2 P. & C.R. DG18, which was an appeal to the Upper Tribunal (Lands Chamber) about whether an occupier retained 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 trial in the First Tier Tribunal.
  • Obtaining possession orders and money judgment following forfeiture of a lease for commercial premises.
  • 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 a tenant had protection under the Rent Act 1977 and obtaining possession
  • 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 a applying for a management order under the Landlord and Tenant Act 1987
  • Whether a tenancy fell within the provisions of the Landlord and Tenant Act 1954
  • Liability and quantum in a professional negligence dispute following loss of security of tenure under the Landlord and Tenant Act 1954

Real Property

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

In June 2019 Brooke successfully obtained 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 s.121(1), Law of Property Act 1925.

In August 2019 Brooke successfully obtained a declaration of equitable ownership and order for sale under TOLATA.

Brooke has recently advised on the following:

  • Construction of a restrictive covenant and potential liability for breach
  • The prospects of successfully applying for the discharge or modification of a restrictive covenant
  • The likelihood of a successful claim for adverse possession
  • Whether a proprietary estoppel had arisen

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)

 

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, 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.

Articles

“Housing Law Judicial Review: Discrimination Cases and Access to Housing”, Judicial Review Journal, 13 November 2019

“Where to next?”, New Law Journal, 3 August 2018

“An Estoppel Case Review”, New Law Journal, 2 February 2018

“Clarity Matters: enforcing possession orders in the High Court”, New Law Journal, 1 December 2017

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

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