Amanda McNeil
Partner: Head of Property Dispute Resolution
Amanda specialises in contentious issues relating to all areas of commercial and residential property. As an expert in commercial property disputes, Amanda has much experience in Landlord and Tenant Act 1954 lease renewal including opposed renewals acting for both landlords of major redevelopments and tenants.
Amanda's expertise also encompasses: commercial landlord and tenant disputes including forfeiture actions, rent recovery, service charge disputes, dilapidations claims, enforcement of covenants, withholding of consent to assign/sublet/carry out alterations, original tenant liability and liability of guarantors, rent reviews, disputes over rent deposits and property insolvency issues.
A specialist in residential property dispute resolution, Amanda deals with residential landlord and tenant disputes including rent recovery, service charge disputes, enforcement of covenants, residential possession proceedings (Rent Act and Assured Shorthold tenancies). As well as leasehold enfranchisement under the Leasehold Reform Act 1967 and Leasehold and Urban Development Act 1993, Amanda is also experienced in advising on modification/release of restrictive covenants and boundary disputes.
Amanda is a member of the Property Litigation Association, Women in Property and the Dilapidations Forum.
Recent Work
- Advising on the clearing of part of a city centre, involving in excess of 150 commercial properties to make way for a major retail/entertainment/residential development, including obtaining possession from licensees, tenants at will, exercising break options and opposing applications under the Landlord and Tenant Act 1954
- Seeking a declaration that time is of the essence in a rent review clause
- Advising a fast food chain on its position under the Landlord and Tenant Act 1954 in relation to intra-group structure and franchisees, advising on strategy within the legal confinements of the Act and having regard to the commercial practicalities
- Successfully obtaining a declaration that a tenant is not entitled to acquire the freehold under the Leasehold Reform Act 1967 as he failed to satisfy the residency requirements
- Application to the Leasehold Valuation Tribunal and subsequent successful appeals to the Lands Tribunal and Court of Appeal for the determination of the freehold price under the Leasehold Reform Act 1967 where tenant raised the legal issue of whether the house can be an improvement within the meaning of the Act and falls to be disregarded for valuation purposes
- Application to the Lands Tribunal for the modification of restrictive covenants imposed upon the land which the client had conditionally contracted to purchase for residential development
Recent Articles/Speaking Engagements
- The Reforms to the Landlord and Tenant Act 1954
- Asbestos: the new management responsibilities
- The Disability Discrimination Act 1995: new accessibility duties
- The Times - question and answer articles
- Legal Network TV - residential service charges
Random Fact
Amanda enjoys sailing and windsurfing but has not yet mastered mountain boarding - she has the scars to prove it!