Property and Estates
Commercial Landlord and Tenant
Ashley Blood-Halvorsen accepts instructions on behalf of both landlords and tenants and has experience in dealing with possession and forfeiture claims, and injunctive relief. Recent work includes:
- Relief from forfeiture hearings
- Proceedings where there has been unauthorised Airbnb use
- Obtaining an emergency injunction in a commercial landlord and tenant dispute involving the CRAR procedure
- Advising on lease extensions pursuant to the Landlord and Tenant Act 1954.
- Advising whether leases have been forfeited or surrendered and the enforceability of a deed of guarantee where it is irregular
- Successfully resisted a claim for loss of bargain related to guaranteed rental income and the repudiation of a lease
- Interpreting leases and classifying whether business, residential or common law in relation to holiday lets
Co-ownership and Trusts of Land
Ashley appears in Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims. She has experience of occupation rent claims and where there has been a failure to pay the mortgage by one party.
- M v M - Dispute between a father and son regarding various properties, promissory estoppel, and constructive trusts with an international element. The matter started as a small claim and has been transferred to the multi-track.
Land and Boundaries
Ashley acts for businesses and individuals in respects of, right of access, rights of way and nuisance. Recent work includes:
- Interference with a right of way involving cross-examination of a claimant who accepted that the alleged interference was not substantial
- Drafting particulars of claim regarding nuisance arising from tree roots and foliage.
- Drafting statement of cases for boundary disputes and advising on Part 36 offers
- Interpreting rights of way within title deeds and TR1s
- Advising regarding an easement for the supply of where the servient tenement freeholder threatened to interrupt the supply
- Advising regarding Japanese Knotweed Claims
She also acts in matters regarding conveyancing disputes including third party claims of overreaching rights.
Professional Negligence (Property)
Ashley specialises in professional negligence against solicitors in particular in relation to property transactions and conveyancing. Recent cases include:
- Advising multiple claimants in regards to escalating ground rent clauses who were not properly advised by their conveyancing solicitors.
- Advising regarding solicitors who failed to complete on a property when instructed to do so resulting in a loss of chance
Probate and Estates
Ashley has a particular interest in all aspects of probate and estates work, advising and representing individuals. Before qualifying as a barrister, she spent some time working for a firm tracing beneficiaries to estates. In one case she identified a beneficiary residing in Spain.
Recent cases include:
- Obtaining a freezing injunction in relation to monies arising out of a sale of a trust property
- Drafting a particulars of claim regarding breach of trust in the sale of a property from an estate
- Advising on the removal of trustees and executors
- Providing advice regarding a beneficiaries entitlement to commence possession proceedings regarding a residential property
- Advising claimants regarding inheritance act claims including by adult children and those who were maintained by the deceased
- Re Estate of GB - Advised, and drafted particulars of claim regarding a breach of trust, fiduciary duty, devastavit and fraud of an executor.
She is willing to consider matters on a Conditional Fee Arrangement in appropriate cases.
Residential Landlord and Tenant and Housing
Ashley acts on behalf of landlords and tenants in respect of the following areas:
- Possessions on the basis of section 8 and section 21 notices
- Defending counterclaims arising out of disrepair claims
- Licence possessions including those classified as excluded tenancies
- Appearing in injunction hearings to permit a gas safety inspection
- Defending deposit protection claims pursuant to the Housing Act 2004 including where there are multiple tenants and successive tenancies.
- Drafting defences to deposit claims including where there are multiple tenants and successive ASTs.
Ashley also regularly appears in mortgage possession hearings on behalf of the lender.
- GB v AP, NS and EH - Currently advising pre-issue a long leaseholder in relation to repairing covenants and enforcement covenants with the freeholder. Interesting point of law in relation to direct enforcement of the repairing covenants against another long leaseholder within the same building.
“Thanks very much for the advice. Please pass on my thanks to counsel – prompt, straight to the point, clear and professionally done.”
- Law (LLB) 1st Class, University of Derby
- BA (Hons) History (Religion), University of Toronto, Canada
- BPTC (BPP University) Very Competent 2017
- Certificate in Civil Law, Paris II-Panthéon Assas University 2012
- Baron Dr Ver Heyden de Lancey Prize, Middle Temple 2018
- Leeds Medico-Legal Society Personal Injury & Clinical Negligence Prize 2017
- Dean’s BPTC Scholarship 2015
- Sweet & Maxwell Law Prize 2014
- Nicholas Pumfrey Memorial Scholarship, Middle Temple 2014
- Blackstone Entrance Scholarship, Middle Temple 2014
- Land Law Prize, UoD 2013
- Chancery Bar Association
- STEP (Affiliate)