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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 had a very busy start to 2020 with two cases in the Court of Appeal in January 2020. Judgments are awaited in both cases.

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 lectures and writes about landlord and tenant issues. In the past year she has filmed webinars and conducted seminars on a range of topics, including “Stopping Airbnb”,  orders for sale, property licensing and the Homes (Fitness for Human Habitation) Act 2018.

Recent cases

  • Brooke appeared 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 the question of whether it is possible to remedy (for the purposes of s.21) the failure to provide a gas safety certificate prior to a tenant’s occupation of property. Judgment is awaited.
  • Acting for the Residential Landlords Association (and being led by Justin Bates), Brooke was instructed 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 was heard by the Court of Appeal in January 2020 and judgment is awaited.
  • Acting as sole counsel in Hook v Hawkins [2019] UKUT 147 (LC); [2019] 2 P. & C.R. DG18, Brooke appeared on behalf of for the respondent in the Upper Tribunal (Lands Chamber). This case concerned with the question of whether an occupier retained protected status under the Rent (Agriculture) Act 1976. It is one of the few cases under the 1976 Act that has been reported.
  • Brooke provided written submissions on the behalf of the appellant in Holding and Management (Solitaire) Limited v Miller [2019] UKUT 402 (LC). The case was a leasehold dispute in which the First Tier Tribunal had made determinations in relation to matters that were outside its jurisdiction and part of the original claim. The appeal was determined on the papers and the appeal was wholly successful.
  • 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 leasehold disputes; forfeiture proceedings; the right to manage; lease extension matters; rights of first refusal; possession claims; unlawful eviction; disrepair; and other breach of covenant claims.

Brooke was formerly a member of a specialist housing set of chambers and 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:

  • In January 2020 Brooke appeared (being led by Justin Bates) in the Court of Appeal on behalf of the landlord in Trecarrell House Limited v Rouncefield. The case concerns whether a landlord’s failure to provide a tenant with a copy of a gas safety certificate prior to occupation is capable of remedy for the purposes of serving a s.21 notice. The outcome of this case will have widespread implications for the private rental sector. Judgment is awaited.
  • 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.
  • 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, leases protected under the 1954 Act and dilapidations of commercial premises.

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:

  • Whether a tenancy fell within the provisions of the Landlord and Tenant Act 1954.
  • Liability and quantum in a professional negligence dispute arising from loss of security of tenure under 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.
  • Successfully obtaining a declaration of equitable ownership and order for sale under TOLATA.

Brooke has recently advised on the following issues:

  • Ownership rights and rights of access over parts of the foreshore.
  • Implied rights of way over development land.
  • The proper construction of a restrictive covenant and potential liability for breach of covenant.
  • 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, 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

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)

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