Beth Jenkins

Recent Work

• Acting for a landowner in connection with an urgent application to the High Court for an order for possession of commercial property. The property was being occupied by trespassers who were fly-tipping significant quantities of waste on the land. We prepared the application, got the application before the judge, obtained an order for possession and organised for High Court enforcement officers to enforce the order and carry out the eviction on the very same day.
• Acting for a local authority on a matter where dangerous asbestos was found in one of its buildings which was occupied by a commercial tenant. Beth advised the local authority of the legal position and acted on behalf of the local authority throughout the matter to reach a mutually agreeable negotiated settlement.
• Advising the owner of commercial land in connection with obtaining vacant possession of land which was subject to an option agreement. The land was occupied by a number of business tenants and in accordance with the terms of the option, the landowner was required to give vacant possession of the land once it had been exercised. We used a practical, commercial approach to obtain possession of the site.

Beth regularly provides commercially focussed, practical advice to clients in the retail sector in connection with their Real Estate Litigation. These include the renewal of business tenancies, strategic advice relating to the exercise of break options and/or the termination of business tenancies, easement and covenant disputes, service charge disputes and dilapidations disputes. She also provides advice relating to ad hoc issues (such as disputes arising with adjoining owners).

Cases

• Acting for a retailer in connection with a dispute with an adjoining property owner who was alleging that our client’s delivery vehicles were trespassing on the adjoining owners’ land.
• Acting on behalf of a retailer whose landlord opposed the grant of a new tenancy under the Landlord and Tenant Act 1954 on the basis of the landlord’s intention to occupy the property for the purposes of a business carried on by the landlord.
• Providing advice to a retailer in connection with a six figure dilapidations dispute.

Beth regularly provides strategic advice to providers of social housing including in relation to housing disrepair claims, disputes relating to rent arrears, disputes relating to breaches of covenant and in connection with obtaining possession of social housing.

Recent Work

• Acting on behalf of a local authorities and registered social landlords in connection with a large number of housing disrepair claims.
• Providing advice to a local authority in connection with obtaining possession of a property on the basis of non-occupation.