Sally Anne Blackmore

Sally appears in courts and tribunals on the whole range of real property and landlord and tenant matters. She has advised and represented commercial and/or residential clients on – amongst other things – dilapidations, service charges, enfranchisement and right to manage issues, ground rent matters, easements and covenants, notices and restrictions, stamp duty, boundary disputes, forfeiture and adverse possession claims.

In addition to the above Sally has a keen interest in the construction of leases and licences along with matters involving proprietary estoppel.

Recent instructions include:

• Minister v Hathaway & Hathaway [2021] EWCA Civ 936: represented the successful landlords at the tenant’s appeal against a decision that landlords of tenants whose tenancies began before 1 October 2015 did not have to serve an EPC or comply with certain gas safety regulations in order to be able to rely upon s.21, Housing Act 1988.
• Advising a registered proprietor of a high-value commercial property in respect of alterations carried out on the roof of a commercial property without consent;
• Advising as to the effect of a boundary agreement reached with a neighbour’s successor-in-title;
• Hathaway & Hathaway v Minister (County Court, Brighton, 2020): successful appeal against a decision by a district judge that prescribed requirements in respect of s.21, Housing Act 1988 applied to tenancies granted before 1 October 2015.
• Morton v Garrett (County Court, Worthing, 2019): advised and represented the Defendants in respect of a claim for damages and an injunction for breach of an alleged easement and trespass involving parcels of registered and unregistered land;
• L v P Ltd (2019): represented the Claimant at an on-site mediation in an acrimonious dispute regarding a hedge on a boundary;
• Boundary dispute right of way easement of necessity: represented the claimant at a mediation in respect of a disputed easement of access;
• C v W (FTT, 2019): represented the defendant landlord at a mediation;
• London Borough of Islington v Adamson (County Court at Clerkenwell & Shoreditch) (commenced 2019, ongoing): represented the Defendant to a possession claim by a local authority against the partner of a deceased secure tenant with no right to succeed; matter raises public law and Equality Act issues as well as being initially dominated by points of procedure;
• L v W (2018): represented the Claimant in this dispute regarding the position of a boundary and interference with a right of way;
• J v D (2018): settled particulars of claim in a nuisance claim regarding horses and a fly infestation;
• Peabody Trust v Islam (2018): settled a defence to a claim for possession founded on public law grounds which required a detailed analysis of the actions taken by the landlord in seeking to evict the defendant, who was disabled for the purposes of the Equality Act 2010 and had been granted a ‘starter tenancy’;
• Owolabi v Szendi (2018): successfully argued for summary judgment when – following a Part 18 request – it became apparent that the Claimant’s arguments in respect of service of prescribed information for the purposes of the deposit provisions under the Housing Act 2004 had not been complied with; the Claimant discontinued his appeal on the day of the hearing;
• Turton v Elagib (2018): dispute regarding whether a deposit on an assured shorthold tenancy paid by cash had been returned if paid by the landlord by way of a cheque which the tenant did not receive;
• Habinteg v Daby (2017): defence raising procedural issues and counterclaim for breach of the landlord’s repairing obligations;
• Bibi v Bibi & Begum (County Court at Clerkenwell & Shoreditch, 2015 -2017): represented the Defendants in this claim for possession between family members raising issues of proprietary estoppel in the context of an assured tenancy;
• K & Ors v G & P: settled particulars of claim for Claimants wishing to enfranchise pursuant to the Leasehold Reform Act 1967;
• H v M and E; settled particulars of claim in a nuisance claim regarding water;
• Home Group Ltd v Matrejek [2015] EWHC 441 (QB): an appeal against an interim order concerning the application of Denton v TH White;
• Optima Community Association v Ker [2013] EWCA Civ 579 (led by Natalie Lieven QC)
• Leicester City Council v Shearer [2013] EWCA Civ 1467 (led by David Carter)

Sally regularly advises and represents clients in matters concerning express and implied trusts, undue influence and other matters engaging the court’s equitable jurisdiction.

Recent instructions include:

• Representing claimants and defendants in claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975;
• Advising and representing defendants in a high value matter in which the claimant asserts – amongst other things – that, in the event that a deed of gift dating from the 1980s was not completed, the donors held the land which was the subject of the gift on trust for him; proceedings have been issued in the High Court;
• Defending a charity in a claim by two members for a beneficial interest in a building wholly owned by the charity on the basis of a constructive or resulting trust. Sally was instructed at at short notice.  The judge found for the Defendants on two of the four issues.  An appeal is currently pending;
• Advising personal representatives, as to the effect of a deed of gift in respect of land, and the subsequent disposal of that land, the donee’s prospects of success on an application for rectification, were it to arise, and the implications for the estate;
• S v S and S (High Court, 2020) advising and representing an intervenor in a long-running, acrimonious family dispute
• Advising as to whether a codicil to a will was effective to revoke a bequest under that will;
• Advising as to whether a mother could claim a beneficial interest in a property registered in her son’s name;
• Advising a father, who co-owned property with his daughter, as to his position in the face of a potential claim for possession and sale by his daughter’s trustees in bankruptcy bearing in mind the provisions of s.335A of the Insolvency Act 1986.

Sally accepts instructions in respect of commercial contracts, tenancies and licences.

Recent instructions include:

• Pretoria Energy Co (Chittering) Ltd v Blankney Estates Ltd [2023] EWCA Civ 482 (led by James Pickering KC)
• Pretoria Energy Co (Chittering) Ltd v Blankney Estates Ltd [2022] EWHC 1467 (Ch)
• MWB Exchange Business Centres Ltd v Rock Advertising Ltd [2018] UKSC 24 (led by Clifford Darton): Sally appeared for the successful Appellant (MWB) in this landmark Supreme Court contract case;
• MP Ltd v I-S (2018): Sally represented the Claimant in this dispute in respect of franchise fees which included issues of contractual construction, penalty clauses, and repudiation;
• H v P W Ltd: a dispute regarding the standards of construction and service involving contractual obligations and consumer rights;
• IS v LMC (2018): Sally represented the Claimant in this matter in respect of respect of unpaid invoices, alleged breach of contract and negligence;

Sally accepts instructions in respect of professional negligence matters arising out of property transactions and litigation.

Recent instructions:

• Advising long-leaseholders as to whether their solicitors had negligently caused or failed to prevent a transfer of funds to an imposter;
• Advising long-leaseholders as to whether their solicitors had been negligent in not advising them as to the implications of a ground rent increase clause;
• Advice to a solicitor as to alleged professional negligence in respect of his work to convey property under a sale and leaseback arrangement.