- Clerk Name: David Fielder
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
Property and Estates
Rebecca is a member of 3PB’s Property and Estates team and her practice covers disputes including ToLATA matters including disputes over farms and estates; contentious probate cases; real property litigation and landlord and tenant claims (both residential and commercial).
Rebecca acts and advises on trust of land and proprietary estoppel claims, including those which involve Estates.
Rebecca’s experience of real property litigation includes cases concerning trespass, nuisance, harassment; breach of covenants (including restrictive covenants); adverse possession; proprietary estoppel; rights of way claims and boundary disputes, as well as the associated claims for injunctive and declaratory relief.
Rebecca likewise advises and acts on numerous claims involving both residential and commercial issues. She has specific expertise in possession matters from their infancy to conclusion at trial, including against persons unknown, and associated rental arrears.
Rebecca also has experience appearing in the First Tier Tribunal (Property) Chamber on applications to the Tribunal including those for determinations regarding service charges; administration charges; rent repayment orders and the appointment of managers.
Recent work includes
- Successfully obtained possession and defended a tenant’s associated counterclaim for harassment against the landlord. The trial was heard over 5 days in total (including judgment).
- Successfully struck out an application in the FTT for a rent repayment order based on an alleged unlawful eviction; harassment and control or management of an unlicensed home by a landlord where the Applicant/tenant failed to participate in the hearing.
- Successfully persuaded the Tribunal on the papers not to set aside it’s original decision in the aforementioned matter on appeal.
- Acted in case management hearings concerning ongoing lease renewal proceedings under 1954 Act.
Probate and Estates
Rebecca has advised and acted on a number of contentious probate disputes for example Inheritance Act claims (including adult children claims); disputes over testamentary capacity and undue influence and applications to remove personal representatives. In the non-contentious sphere, Rebecca has assisted in the review of the administration of an Estate in order to provide advice regarding the conduct of the administration and next steps.
She has also dealt the interface between this practice area and others, such as proprietary estoppel and constructive trust claims in the context of Estates and the administration Estates involving insolvent beneficiaries. She has advised an executor tasked with managing a fraud claim associated with a deceased company director and employee.
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Changing the locks during lockdown:The Coronavirus Act 2020, Commercial Property and Forfeiture
27th Apr 2020
3PB’s specialist Property and Estates Barristers Charles Irvine and Rebecca Farrell have issued an updated guide on the rights of commercial landlords and their tenants during the Coronavirus pandemic.
The guide reviews the existing position for commercial landlords and their tenants as well as an update on the latest Government’s announcement on 23rd April 2020.
Changing the locks during the lockdown
9th Apr 2020
3PB's Charles Irvine and Rebecca Farrell discuss Changing the locks during lockdown: The Coronavirus Act 2020, Commercial Property and Forfeiture
‘Rebecca is extremely diligent. Her preparation for each matter is thorough and focussed, and she applies the same discipline and dedication to low-value, fast-track matters through to complex, high-value claims. She has the ability to get on top of difficult issues quickly.’
Legal 500 2024/Commercial Litigation/ South Eastern Circuit/ Rising Stars
‘Rebecca consistently provides the necessary mix of technical excellence. Her advocacy is robust and thoughtful and has a reliable ability to persuade judges to the logic of her arguments.’
Legal 500 2024/Company and Insolvency/ South Eastern Circuit/ Rising Stars
"I am a Solicitor and have so been since 1974-and once appeared in many criminal and civil cases. Just to say that Rebecca (whom I had never known of or met) was first class in her dealings with the Court witnesses and conducting the case. Hopefully she will go far”
"I am writing to thank you for representing me yesterday. As you know following the mix up on my last court date I was quite anxious about yesterday's hearing. As soon as we met, you immediately put me at ease and it was clearly obvious that you had given a lot of time in familiarising yourself with my case. This proved to benefit us both. I was impressed by your professionalism and knowledge in the court room that led to a positive outcome. I have let [X firm] know how good you are and that they should be confident in you representing their clients in the future.”
“Counsel was nothing short of fantastic, Rebecca had a very good handle on the numbers and the file in general she was impressive and did her utmost”