Maggie-Kerr-header

Margaret Kerr

Solicitor

Commercial Litigation

01582 390463

About

I am a Property Litigator in our Commercial Litigation Department. I advise on commercial and residential landlord and tenant issues for both landlords and tenants. My clients range from large organisations, MSE’s to individuals.

My commercial work includes: lease renewals, rent arrears, service charge disputes, possession, dilapidations, forfeiture and restrictive covenant issues.

I also advise on residential work which includes obtaining possession or arguing against possession.

Over the years I have also assisted clients on matters such as, interesting restrictive covenant clauses, squatters and long lease disputes in buildings and service charges.

I provide clients with a pragmatic, cost effective approach to issues that need a resolution using the law and common sense to achieve the desired objectives.

When deciding what the most appropriate plan of action is for individual clients, listening and understanding what they wish to achieve is vital. This approach can mean that sometimes a practical, negotiated approach is better than jumping into expensive court proceedings.

I worked for a small town and seaside practice in Lancashire, a medium city firm in London and a West End medium sized law firm. I took a career break and worked as a Parish Clerk and for a Tenancy Deposit Scheme as a Complaints Officer and Adjudicator before returning to the law and Property Litigation.

Interests

I enjoy my allotment and relaxing tennis. I also collect postcards, war silks in particular.

Experience

  • Advised a landlord regarding shopping centre repairs in the North. Under the leases of the tenants, (35 of them), were liable for the service charge. We encouraged our client to discuss the situation with the tenants and succeed in reaching amicable agreements with all but 3 tenants before proceedings were issued. Saving costs, time and stress.
  • Advising an individual in an interesting Bona Vacantia case where a neighbour was trying to buy the land of a client who thought they owned it.
  • I have delivered seminars, in particular one in conjunction with a Barrister on the topic of Residential Tenancies. this involved an interesting debate on the issue of whether a landlord needed to have served a gas safety certificate before an AST is created. As this issue was being appealed through the courts providing practical advice to the landlord to try and resolve matters while the cases went through the courts.
  • During the recent pandemic, successfully argued for the payment of a substantial amount of arrears of rent, interest and costs to our client landlord and avoided issuing proceedings.
  • Advising a business tenant as to their rights as the landlord was claiming the occupation was based on a licence rather than a Landlord and Tenant Act 1954 renewal, which would have given them far more security such as they would have the right to apply for a new tenancy.

Joined Taylor Walton in 2021

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