Sarah Hamby

Sarah Hamby is a senior associate in the dispute resolution team based in our Beverley office.

Sarah qualified as a Chartered Legal Executive in 2018 after completing her studies alongside her full-time employment as a trainee legal executive in dispute resolution. Sarah therefore has extensive experience acting for claimants and defendants across a broad range of civil matters, and since 2019 has specialised in real estate litigation with a particular focus upon the retail and leisure industry.

Sarah routinely advises upon Landlord and Tenant Act 1954 lease renewals, possession claims, breach of covenant matters and estate management matters including trespass, easement disputes, access to neighbouring land issues and adverse possession. She also specialises in telecoms law, advising clients in relation to telecoms leases and the Electronic Communications Code.

Key specialisms

Lease Renewals

Sarah has significant experience advising landlords and tenants in relation to lease renewals, both opposed and unopposed. Some recent examples include:

• Acting for a tenant with a portfolio of retail units across England and Wales in relation to a large scale and fast paced renewal project

• Acting for the landlord in relation to unopposed lease renewal proceedings with a connected (and hotly contested) dispute in relation to adverse possession of the beer garden

• Acting for an individual tenant with a secure tenancy given 30 days to vacate the pub and successfully securing a renewal lease after commencing opposed proceedings

Estate Management

Sarah routinely advises landowners, landlords and tenants in relation to a wide range of issues that arise in the management of their estate. This includes the exercise of break options, disputes in relation to easements, such as the acquisition of prescriptive rights of way, creation of public rights of way, excessive use and interference with/obstruction of existing rights of way. She also advises upon trespass, adverse possession and boundary disputes, which may sometimes overlap, access to neighbouring land for maintenance, restrictive covenants, nuisance and property damage claims. Some examples include:

• Acting for the owner of a high-profile pub in London to recover possession from squatters who were preventing redevelopment works from proceedings

• Acting for a number of retail tenants in relation to break projects during and following the COVID-19 pandemic

• Acting for a property owner in relation to physical damage to the property caused by a combination of nearby trees and works done to an adjoining property and securing agreement for neighbour to carry out remedial works

• Acting for a property owner in relation to a highly contentious tripartite claim in trespass/boundary dispute and negotiating a favourable settlement

• Acting for a landowner in relation to a claim for a prescriptive easement

Leasehold covenant enforcement

Acting for both landlords and tenants, Sarah deals with all manner of issues arising in relation to the lease covenants. She routinely acts for landlords to recover rent arrears from tenants and/or guarantors, including from former tenants and guarantors under an authorised guarantee agreement, and also enforces guarantor covenants to take a new lease on disclaimer. She acts for either side in relation to various matters including dilapidations claims, unauthorised alterations and forfeiture of the lease. Some examples include: -

• Acting for a landlord to provide debt recovery and associated services across their estate, to include serving section 17 notices, issuing proceedings, serving statutory demands and issuing bankruptcy petitions and enforcement of County Court Judgments

• Acting for the head landlord in relation to an action by the freeholder for unauthorised alterations carried out by the sub tenant to secure reinstatement and avoid forfeiture of the head - lease

• Acting for the tenant in relation to defended dilapidations proceedings and negotiating a favourable settlement

• Acting for the landlord in defended forfeiture proceedings and successfully recovering possession