Introduction
Rachel Coyle is a specialist property barrister that also works in commercial dispute resolution and private client.
Rachel acts in all types of commercial and property disputes, whether arising from contract, breach of duty, or otherwise. Rachel’s practice also encompasses contentious trusts, wills, and probate (including TOLATA and Inheritance Act claims) and insolvency.
Rachel’s expertise in property and commercial law is founded on time spent working in hedging product mis-selling, volunteering in the procurement and commercial team at Stockport Homes, paralegal work at law firms such as DWF LLP and on secondments at Hyde Housing and OneSource. In the USA, she acted pro bono in property and planning matters in the State of Virginia whilst studying for her LLM in American Legal Studies.
Clients that Rachel has worked with include global banks, U.K. solicitors’ firms with domestic and/or international clients, a Cypriot law firm, start-ups, private equity sponsors, local government departments and councils, large landowners and property management companies, charities, high net worth individuals and more vulnerable members of society. As part of her private client practice, she assists and represents trustees, beneficiaries and estates with inheritance and administration-related matters
Rachel can assist with advice, negotiation, mediation and litigation to the Court of Appeal level. Rachel has appeared in the High Court in the Business and Property Courts, Companies Court, Queens Bench Division, Chancery Division and Administrative Division. She has built a strong experience in the County Court to multi track level.
She also has experience in the First-tier Tribunal (Property Chamber) and First-tier Tribunal (Land Registration) cases including service charges, enfranchisement, boundary disputes, Right to Light, Right of First Refusal, business lease renewals, easements, breaches of covenant, adverse possession and the Housing Act 2004.
Rachel delivers and assists with training at Inner Temple and with webinar and seminar providers across the country. She is a pro bono volunteer at Queen Mary, University of London Legal Advice Centre and trains students there. She has also taught Brazilian Lawyers on the Legal System of England and Wales.
Rachel was called to the Bar in 2013. She graduated from Queen Mary, University of London with a First-Class Honours. After winning the prestigious Drapers’ Company Scholarship she graduated with an LLM in American Legal Studies at The College of William and Mary, USA, Virginia.
Specialisms
Property
Rachel is an experienced advocate and is regularly instructed in a variety of property disputes, commercial, landlord and tenant, land registration, adverse possession, forfeiture, service charges, leasehold extension, Rule 13 Costs, right to manage applications, breach of leases (leasehold), dilapidations, right to light, business tenancy renewals, boundary disputes, tree preservation orders, enforcement of easements and covenants relating to land, trespass, unlawful eviction, injunctions, section 21 and section 8 notices, tenancy deposits, rent repayment orders.
Recent matters include:
Commercial Landlord and Tenant
Drafting pleadings and representing a purchaser of a commercial premises that is currently seeking possession post transfer, the seller having failed to vacate;
Drafting pleadings and representing a tenant in a business tenancy renewal matter in which it is alleged that there is an intention to develop the property;
Drafting pleadings and representing an individual that alleges he uses an alleyway for his business and as such has obtained an easement by prescription;
Representing the vendor in a Post Office building and business transfer in the High Court;
Drafting pleadings and representing the landlord in an ongoing business tenancy renewal dispute concerning when a counter-notice was served and whether the business was in occupation when the s.26 was served;
Representing a lender seeking to enforce a charge against a commercial premises owned by the Guarantor in a 5-day trial. The lender was successful. The matter was appealed and Rachel was successful in having the appeal dismissed in the High Court. This appeal concerned the interplay between the Statute of Frauds Act 1677 and a potentially defective deed that is underpinned by a valid loan agreement;
Drafting pleadings and representing a freehold owner of a mixed-use premises concerning the Party Wall Act 1996, noise nuisance and alleged trespass in respect of a flu;
Drafting pleadings and representing a care home in a mixed-use tenancy in possession proceedings;
Drafting pleadings and representing a business in a matter concerning subsidence alleged to be caused by the adjoining property’s construction work/s;
Advising, drafting and representing in an ongoing Access to Neighbouring Land Act 1992 claim;
Advising in an ongoing dispute about the alleged existence of a flying freehold and flat roof works alleged to not comply with planning;
Representing an outgoing tenant concerning whether he left the premises vacant and/or whether he can take the mezzanine floor with him;
Drafting and representing a Claimant seeking to obtain a specific performance order for a signed transfer form and TR5 following an agreement between the parties in mediation;
Advising on the drafting of an Option Agreement;
Advising about a tenancy at will in a marketplace.
Residential Landlord and Tenant
Drafting pleadings and representing a tenant in a challenge to an Emergency Prohibition Order;
Drafting pleadings and representing a number of leaseholders in an ongoing service charge challenge;
Drafting pleadings and representing a number of leaseholders in an ongoing matter in which they seek an extension of their lease at the correct premium that is now challenged;
Drafting pleadings and representing a deceased’s daughter in a matter in which she resided in a property in which there was an Equity Release Mortgage that came to an end on the death of the deceased;
Drafting pleadings and representing a vendor of residential property in respect of a Torts Act 1977 claim.
Advising a Local Authority about the applicaiton of the Mobile Homes Act 1983 to a case where it is alleged that the occupiers are not paying the pitch fees and are committing anti social behaviour;
Real Property
Representing a bed and breakfast in an adverse possession application in respect of a cellar they legally owned;
Drafting pleadings and representing an Applicant in that is currently seeking adverse possession of land next to a reservoir;
Drafting pleadings and representing a landowner in an ongoing dispute in the High Court concerning the dredging of a lake on his land and remedial work/s to an Area of Outstanding Natural Beauty;
Drafting pleadings and representing residents in a case concerning what constitutes a highway;
Drafting pleadings and representing a private individual in a boundary dispute concerning parking;
Drafting pleadings and representing a private individual about who owns an unregistered alleyway;
Drafting pleadings and representing a commercial tenant in a right of way dispute concerning parking;
Drafting pleadings and representing a private individual in a matter concerning an extension;
Representing Respondents in Rule 13 Costs applications;
Advising on the interplay between easements and section 77 Schools Standards and Framework Act 1998 in relation to playing fields;
Advising about the High Hedges Regulations 2005 and right to light concerning a Grade I listed building;
Advising a local authority about tree preservation orders;
Advising about Japanese Knotweed;
Representing a Local Authority on an Electronic Communications Code dispute;
Advising a potential adverse possessor in a matter concerning estoppel;
Wills, Probate and Inheritance Act, etc
Rachel’s private client practice covers wills and probate disputes, financial provision claims, the administration of estates, and contentious trusts matters (onshore and offshore). She has particular expertise in TOLATA 1996 and 1975 Act claims as well as litigation founded on breach of trust.
Recent matters include:
Drafting and representing a Defendant in a 2-day trial determining beneficial ownership of property in circumstances where a property was built on a plot of land apparently sold to the Defendant’s ex-partner;
Drafting and representing an Applicant in an ongoing matter seeking to set aside a TR1 alleged to have been signed when lacking capacity and/or under duress/undue influence;
Drafting and representing a Claimant seeking a declaration of her alleged beneficial interest in a property;
Representing an executrix concerning the burial of her mother in a foreign jurisdiction. This concerned a s.116 Senior Courts Act 1981 claim and application to remove the executrix as administrator;
Drafting and representing a Claimant in a multi-track trial determining beneficial ownership of a family home in which there was a disputed declaration of trust;
Advising a client about the failures of the executrix to set up a Nil Rate Fund Trust;
Advising a beneficiary on the merits of an application to remove a personal representative.
Qualifications, Appointments
• LLB(Hons) (First Class) Queen Mary, University of London
• LLM (American Legal Studies), Draper Scholar, The College of William and Mary, Virginia USA (GPA 4.2, equivalent of First Class, (A)).
• Bar Professional Training Course (Manchester Metropolitan University)
• Direct Access Qualified
Publications
Webinars/Seminars
Upcoming in 2022: Property Litigation Conference with MBL (May 2022), Right to Light Seminar (May 2022)
Multiple webinars on various property related matters with MBL Seminars, Datalaw and FOR Media Group
Multiple seminars on various property related matters with Kennedy Cater and for the London Boroughs Legal Alliance
Books
'A Practical Guide to the Housing Health and Safety Rating System (HHSRS),’ Law Brief Publishing, 2022
'A Practical Guide to Hoarding and Mental Health for Housing Lawyers’, Law Brief Publishing, 2020
Articles
Upcoming in 2022: The interaction between Property, Insolvency and Cryptocurrency (New Law Journal, July 2022)
SHARED OWNERSHIP LEASES OF FLATS AND RIGHT TO MANAGE: IS IT POSSIBLE: Co-written with Ibraheem Dulmeer and featured on LEASE and Flat Living
THE RIGHT TO MANAGE: A BRIEF OVERVIEW: Co-written with Ibraheem Dulmeer of the Leasehold Advisory Service, 19 October 2016, featured on Lexology and the Leasehold Advisory Service website.