Nicola Muir

Residential landlord & tenant

Nicola’s residential landlord and tenant work includes:

• Enfranchisement and Lease Extensions
• Right to Manage
• Rights of First Refusal
• Service Charge Disputes
• Forfeiture and Determination of breach claims
• Possession claims including Rent Act related work.

Featured cases

• Representing the leaseholders in the First-tier Tribunal and the Upper Tribunal in a collective enfranchisement case concerning development value, the extent of rights and the terms of leasebacks – Meridian Consultancy and Management Ltd v Meridian Place Freehold Ltd and other s [2022] UKUT 295 (LC).
• Acting for the landlord in the Upper Tribunal in a lease extension claim on a rare appeal on valuation – Daejan Investments Ltd v Collins [2024] UKUT 26 (LC).
• A right of first refusal case concerning whether units in a converted pumping station were “flats” for the purposes of Part 1 of the Landlord and Tenant Act 1987.
• Representing an RTM Company in the Court of Appeal on the question of validity of a Notice of Claim – Eastern Pyramid Group Corp SA v Spire House RTM Co. Ltd [2021] EWCA Civ 1658.
• Representing the Head Landlord in a Service Charge dispute concerning the Brunswick Centre and the issue of whether a superior landlord needs to consult underlessees – Leaseholders of Foundling Court and O’Donnell Court v Camden LBC [2016] UKUT 366.
• Acting for a landlord in a claim for relief from forfeiture where the Order for Possession was set aside after the landlord had taken possession, closed the leasehold title and granted a new lease – Golding v Martin [2022] 1 WLUK 258.
• Representing a leaseholder in injunction proceedings after her right of way and right to park were blocked off by landlord’s development works.
• Obtaining a determination of breach of covenant and an order for forfeiture against a tenant of a long lease who was causing a nuisance.

Commercial landlord & tenant

Nicola’s commercial landlord and tenant work includes:

• Forfeiture and Dilapidation claims
• Business lease renewals
• Construction of leases
• Advising on development issues
• Advising on landlord and tenant’s rights.

Featured cases

• Advising a restaurant tenant on whether it was entitled to retain air-conditioning units on an adjacent building belonging to the same landlord.
• Representing a landlord in a claim for damages following a fire in the demised fish and chip shop which destroyed 6 neighbouring properties.
• Advising on a business lease renewal of a restaurant where there were significant rent arrears.
• Advising and representing client at mediation relating to dilapidations and damage caused by water ingress in the roof of a warehouse.

Real property

Nicola’s real property work includes:

• Boundary disputes
• Easement problems
• Adverse Possession claims
• Land Registration issues
• Rectification of Title claims
• Beneficial Interest disputes
• Conveyancing problems and disputes
• Restrictive Covenant work
• Mortgages

Featured cases

• Representing an estate agent in the Land Registration Division of the First-tier Tribunal in an application to register title to the rear yard where  the neighbour claimed title by adverse possession.
•  Advising on an adverse possession claim where the land  was purportedly part of the highway.
• Advising on the meaning and extent of a right of way to part of the foreshore.
• Advising on establishing prescriptive right of way over an alleyway leading to a former leather factory and disturbance of easements.
• Appearing in the Land Registration Division of the First-tier Tribunal in a claim to rectify the client’s registered title plan to include her front garden which was demised by the lease.
• Advising on an alleged failure by clients to disclose “a dispute” during the conveyancing process where they had previously expressed dissatisfaction with the managing agents at the block.
• Advising on whether various restrictive covenants registered against a title were enforceable and, if so, whether they would prevent use of the site for a solar farm.
• Acting for the Executors of a mortgagor in mortgage repossession proceedings where they had been unable to sell the property due to a title defect.

Service charges

Nicola’s service charge work includes:

• Residential and commercial claims;
• Construction of leases;
• Advice on statutory restrictions on the recovery of service charges and administration charges
• Advice on management and right to manage claims.
• Variation of leases

Featured cases

• Representing leaseholders in claim for historic neglect where the landlord had failed to carry out periodic preventative maintenance to building with Regents’ Street Disease.
• Acting for a Council in a dispute as to whether the boundary walls of an estate were a service charge item or had been retained by the Council following enfranchisement.
• Advising on the meaning of a lease as to whether asbestos removal works fell within the service charge regime.
• Representing an RTM Company in its claim to dispense with the consultation requirements in order to carry out urgent major works and in a separate application to vary the leases to allow the recovery of sums required to fund those works in advance.
• Representing the Head Landlord in a Service Charge dispute concerning the Brunswick Centre and the issue of whether a superior landlord needs to consult underlessees – Leaseholders of Foundling Court and O’Donnell Court v Camden LBC [2016] UKUT 366.

Enfranchisement

Nicola’s enfranchisement work includes:

• Collective enfranchisement and lease extension claims under the Leasehold Reform, Housing and Urban Development Act 1993
• Claims to acquire the freehold of a house under the Leasehold Reform Act 1967
• Disputes as to eligibility to enfranchise, terms of conveyances and terms of new leases.
• Valuation disputes
• Right to manage claims
• Rights of First Refusal

Featured cases

• Representing the leaseholders in the First-tier Tribunal and the Upper Tribunal in a collective enfranchisement case concerning development value, the extent of rights and the terms of leasebacks – Meridian Consultancy and Management Ltd v Meridian Place Freehold Ltd and other s [2022] UKUT 295 (LC).
• Acting for the landlord in the Upper Tribunal in a lease extension claim on a rare appeal on valuation – Daejan Investments Ltd v Collins [2024] UKUT 26 (LC).
• Lease extension claim where tenant’s lease had been forfeited and repossessed during currency of the claim
• Acting for landlord in multiple lease extension claims where tenants sought to amend the insurance provisions in existing leases.
• A right of first refusal case concerning whether units in a converted pumping station were “flats” for the purposes of Part 1 of the Landlord and Tenant Act 1987.
• Representing an RTM Company in the Court of Appeal on the question of validity of a Notice of Claim – Eastern Pyramid Group Corp SA v Spire House RTM Co. Ltd [2021] EWCA Civ 1658.

Development disputes

Nicola’s work in development disputes includes:

• Advising on real property rights, for example, rights of way, boundaries, restrictive covenants.
• Advising on restrictions in leases
• Claims relating to infringement of rights.
• Valuation issues
• Rights of first refusal
• Overage provisions

Featured cases

• Advising on whether developer intending to sell an incomplete development needs to offer the right of first refusal where student bedrooms had been sold “off-plan” but were not yet habitable.
• Representing a developer in injunction proceedings where neighbour refused access to connect the sewage system in breach of right reserved in Transfer.
• Advising on the enforceability of an overage agreement protected by a legal charge.
• Assisting in the registration of a prescriptive right of way required to ensure access to the development site.

ADR

Nicola’s work includes:

• Representing clients at mediations
• Advising on offers of settlement and drafting the same.
• Nicola is a trained mediator and conducts mediations on behalf of the Land Registration Division of the First-tier Tribunal.

Featured cases

• Representing a developer at a mediation in a professional negligence claim against solicitors who failed to advise on restrictive covenants which prohibited the proposed development.
• Representing a former cohabitee in a beneficial interests case at mediation.
• Representing a Council in a mediation regarding with a freeholder who had acquired a former Council block on enfranchisement in relation to a dispute as to who was liable for the cost of replacing a substantial boundary wall.
• Advising and representing client at mediation relating to dilapidations and damage caused by water ingress in the roof of a warehouse.
• Drafting an offer of settlement in a claim to acquire the freehold under the Leasehold Reform Act 1967.

Professional negligence

Nicola’s work includes:

• Professional negligence claims against solicitors.

Featured cases

• Representing a developer in professional negligence claim against solicitors who failed to advise on restrictive covenants which prohibited the proposed development.
• Advising leaseholder in claim against conveyancing solicitors for failing to advise on an onerous ground rent provision which rendered the lease unsellable.
• Advising on whether to bring proceedings in professional negligence against solicitors who  acted for client in a right to manage claim but failed to realise the “building” was held under two titles.

Notable cases

• Daejan Investments Ltd v Collins [2024] UKUT 26 (LC): Leasehold enfranchisement – premium – improvements – value of precarious rights – comparables – post-valuation date evidence – relativity – value of Act rights.
• Eastern Pyramid Group Corp SA v Spire House RTM Co. Ltd [2021] EWCA Civ 1658: Right to Manage – Validity of Notice of Withdrawal.
• Meridian Consultancy and Management Ltd v Meridian Place Freehold Ltd and other s [2022] UKUT 295 (LC)
• Corvan (Properties) Ltd v Abdel-Mahmoud [2018] EWCA Civ 1102: Qualifying Long Term Agreements – whether the agreement was for a term of more than twelve months.
• Corvan (Properties) Ltd v Abdel-Mahmoud [2017] UKUT 228 (LC)
• Leaseholders of Foundling Court & Other v Camden LBC, Allied London (Brunswick) Ltd & Others [2016] UKUT 366 (LC): Service Charges – whether superior landlord is required to consult only its own tenant or its undertenants as well.
• Tibber v Buckley [2015] EWCA Civ 1294 Enfranchisement, Leasehold Reform Housing and Urban Development Act 1993, terms of leaseback.
• Tibber v Buckley & Wilcox [2014] UKUT 0074 (LC): Enfranchisement, Leasehold Reform Housing and Urban Development Act 1993, terms of leaseback.
• Jastrzembski v Westminster City Council [2013] UKUT 0284 (LC): Service Charges. Consultation and Dispensation.
• South Tyneside Council v Ciarlo Upper Tribunal (Lands Chamber) [2012] UKUT 247 (LC): Service Charge. Management Charges. Payability. Reasonableness. Apportionment.
• Re: Clarke, Re Upper Tribunal (Lands Chamber) [2012] UKUT 226 (LC): Enfranchisement. Leasehold Reform Act 1967. Premium. Easements.
• Chambers v Havering LBC Court of Appeal (Civil Division) [2011] EWCA Civ 1576; [2012] 1 P. & C.R. 17; [2012] 1 P. & C.R. DG15: Adverse Possession. Fences. Motive Extent of Use and Occupation required.
• Jayasinghe v Liyanage Chancery Division, [2010] EWHC 265 (Ch); [2010] 1 W.L.R. 2106; [2010] 1 E.G.L.R. 61; [2010] 16 E.G. 108: Beneficial Interests. Extent of Jurisdiction of Adjudicator to HM Land Registry.
• Westminster City Council v CH2006 Ltd Upper Tribunal (Lands Chamber), [2009] UKUT 174 (LC): Leasehold Enfranchisement. Whether price “agreed”. Whether LVT had jurisdiction to determine price.

Appointments

• Fee-Paid Judge of the Property Chamber

Publications

Nicola is a contributor to “Service Charges & Management” by Tanfield Chambers, 3rd Edition & 4th Edition.

Nicola also has a regular column in Estates Gazette – “Residential View”.

Her recent published articles include:

• “The future of insurance commission” published in Estates Gazette on 14^th May 2024
• “Reform, reform and more reform” published in Estates Gazette on 2^nd January 2024
• “When are service costs “reasonably incurred”? published in Estates Gazette on 17^th July 2023
• “What to look out for in residential property law in 2023”  Nicola’s annual predictions for the year ahead in residential property law – Estates Gazette 3^rd January 2023
• “Residential Forfeiture: abandoning a flat with no forwarding address” – The dangers of leaseholders moving abroad and failing to comply with their service charge obligations – Estates Gazette 3^rd May 2022
• “Validity of Notices – Where are we now? A look at the complex provisions in RTM and enfranchisement legislation” – Estates Gazette 24^th January 2022
• “Whose land is it anyway? – A recent adverse possession case has rendered successful claims even less likely” – Estates Gazette 19^th August 2021
• “Solutions on the Horizon – Nicola Muir and Anna Phillips look at two cases that highlight issues with the right to manage procedure” – Estates Gazette 1^st September 2020
• “Leasehold – A new dawn – Further detail is needed, but the government’s proposals promises a leasehold revolution” – Estates Gazette 18^th January 2021
• “The consequences of breaching absolute covenants – The long-awaited Supreme Court judgment in Duval is out.  What does it mean for leaseholders?” – Estates Gazette 11^th May 2020
• “Leasehold enfranchisement: The wait is over – The Law Commission has published its report on reducing leasehold enfranchisement premiums” – Estates Gazette 20^th January 2020
• “Goodbye section 21 – and end to “no fault” evictions” – Estates Gazette 23^rd April 2019
• “How long is an AST? The unexpected consequences of the ground rent scandal” – L&T Review 2019, 23(2), 55
• “Leasehold Enfranchisement Claims – Why it is difficult to reach an amicable solution” – Flat Living Magazine 28^th February 2019

Qualifications

• LLB (Hons), University of Edinburgh
• CPE, Chester College of Law
• Qualified as a solicitor
• Called to the Bar in 1998
• Associate Member of the Civil Mediation Council

Memberships

• Association of Leasehold Enfranchisement Practitioners
• Chancery Bar Association
• Property Bar Association

Testimonials

“Nicola is an incredibly impressive and highly-skilled advocate. As with all first-rate counsel, Nicola has a remarkable ability to put forward extremely complex matters to courts and tribunals in a way which is both clear and persuasive.” Legal 500 

“A junior who is willing to fight and able to read the mood of the court.“Her client service is excellent and she deals particularly well with lay clients and is a reassuring presence for them.” Chambers UK 

“Nicola has an impressive depth of knowledge of leasehold enfranchisement that allows her to deal with complex technical matters with ease.” Chambers UK 

“Nicola is always willing to help out and never fails to give strong, reliable advice.” “Nicola Muir’s advocacy is measured and persuasive.” “Nicola has a nice relaxed manner with clients and is also excellent at handling witnesses.” Chambers UK 

“A very good advocate. Nicola is calm, measured and persuasive.” Legal 500 

“Nicola works exceedingly well with our clients and consistently obtains exceptional results.” “She is very solid and experienced.” Chambers UK 

“Nicola has an excellent grasp of technical enfranchisement matters and arguments (particularly in terms of valuation) and consistently obtains exceptional results which makes her the preferred counsel of several of our clients. Nicola provides straight-forward yet accomplished advice which is a hugely beneficial to both her instructing solicitors and their clients.” Legal 500 

“Approachable, pragmatic and knowledgeable.” Chambers UK 

“She is adept at thinking on her feet and has become a renowned barrister in the field of leasehold enfranchisement.” Legal 500 

“Very thorough and a good cross-examiner.” “Her advice is clear, concise and provided in a timely fashion.” Chambers UK 

“A leading player in residential disputes.” Legal 500 

“Very client-friendly, commercial and pragmatic.” “Approachable and gives really excellent, balanced and user-friendly advice.” Chambers UK 

“She immediately installs faith and confidence in both solicitors and clients.” Legal 500