Ellodie Gibbons

profile

Winner - Barrister of the year, Enfranchisement & Right to Manage Awards 2011

Ellodie was called in 1999 and started life at the Bar as a commercial chancery pupil. Having moved to Tanfield to undertake a commercial second-six pupillage, Ellodie began taking on residential landlord and tenant work, principally for large social landlords and local authorities.

Ellodie has since developed a specialist property practice, for which she has been recommended in both Chambers UK and the Legal 500. Her principal areas of practice are all aspects of commercial and residential leases (both short and long) with a particular emphasis on service and administration charge disputes and leasehold enfranchisement, but she also undertakes a certain amount of real property work. 

Ellodie is a contributor to both the first and second editions of ‘Service Charges and Management: Law and Practice’ (Sweet & Maxwell) and co-author of ‘Leasehold Enfranchisement Explained’ (RICS Publishing).

Ellodie retains an interest in commercial matters and her enthusiasm and aptitude for contract disputes means that Ellodie not only deals with contracts between landlords and tenants, but also general commercial contracts.

Ellodie also accepts public access instructions.

Experience

Property 

Landlord & tenant – all aspects of commercial and residential leases (both short and long), in the courts, the Leasehold Valuation Tribunal and Upper Tribunal (Lands Chamber), in particular the extension of leases under the Leasehold Reform, Housing and Urban Development Act 1993, the acquisition of freeholds under the ’93 Act, the Leasehold Reform Act 1967 and Parts I and III of the Landlord and Tenant Act 1987, the acquisition of the Right to Manage and service and administration charge disputes. 

Real property – adverse possession, boundaries and easements, experience of Land Registry applications.
 
Housing – dilapidations, succession and all types of possession claims and applications for Anti-Social Behaviour Orders (ASBOs) in the county and magistrates courts and injunctions under the Housing Act 1996.

Business &Commercial
General contract claims, experience of both mediation and arbitration.

Significant Cases

Westmacott v Ackerman [2012] UKUT 415 (LC)
Houses converted to flats - prices payable for freehold - whether valuation must assume a sale of freehold reversion on the valuation date - held that it must - yield to be adopted for valuation on investment basis - relativity - appeal dismissed - Leasehold Reform Act 1967 s9(1A).

Avon Castle Limited v C.R Vending & Electronics Limited, Unreported, 2012, LVT
Rights offered under s.1(4) of the Leasehold Reform, Housing and Urban Development Act 1993 could not be nearly as may be the same rights as those enjoyed by the qualifying tenants under the terms of their leases, as the tenants would not benefit from the protection afforded by the provisions of the Landlord and Tenant Act 1985.

Barrie House Freehold Ltd & Ors v. Merie Bin Mahfouz Company (UK) Ltd [2012] EWHC 353 (Ch)
The lessees of a property were not entitled to an injunction preventing the freehold owner from constructing lightwells in the garden of the property as the existence of the lightwells did not constitute a substantial interference with an easement to use the garden. Further, the service of an initial notice under s.13 of the Leasehold Reform, Housing and Urban Development Act 1993 did not give rise to a statutory duty not to alter the specified premises pending the acquisition of the freehold or the withdrawal of the claim.

Palley v. London Borough Camden [2010] UKUT 469 (LC)
Service charges - liability – whether lessee liable for management costs incurred in providing services – interpretation of leases – held lessee liable

Richard Ayres & Ors v. Jonathan Roberts & Anor CC (Central London) (Judge Peter Cowell) [2012] L.&T.R 1
The effect of a failure to comply with a completion notice served under paragraph 8 of Schedule 2 to the Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993

Calladine-Smith v. Saveorder Ltd [2011] EWHC 2501 (Ch)
The interpretation of section 7 of the Interpretation Act 1978 and the application of that section to the service of notices under the Leasehold Reform, Housing and Urban Development Act 1993

Sherwood Hall (East End Road) Management Company Limited v Magnolia Tree Limited [2009] UKUT 158 LC
Collective enfranchisement - price - deferment rate - whether a departure from the Sportelli starting point was justified for 88 years reversions - additional value, if any, attriibutable to developable land.

Halahmy v The Westminister Roman Catholic Diocese Trust LON/CIOAC/OLR/2007/1439, LVT
Whether the parties are bound by the figures set out in an initial notice and accepted by a landlord in its counter-notice.

Publications

Co-author, Leasehold Enfranchisement Explained, 2010 (RICS Publishing) 

Contributor, Service Charges and Management: Law & Practice 2nd edition (Sweet & Maxwell)

Contributor, Service Charges and Management: Law and Practice 1st edition, 2006 (Sweet & Maxwell)

Memberships

Member, Property Bar Association

Member, Chancery Bar Association

Member, Association of Leasehold Enfranchisement Practitioners

Qualifications

MA (Cantab)

Directory Quotes

Also favoured by the market, Ellodie Gibbons handles matters pertaining to commercial and residential leases, and is often involved in service charge and leasehold enfranchisement disputes. One instructing solicitor commented that "she deserves particular praise."
Chambers UK 2013
'Ellodie Gibbons recently picked up more leasehold enfranchisement work'
Legal 500 2010

'Fantastic'
Legal 500 2008

'Ellodie Gibbons is assertive, but also easy to approach and she is very good on her feet'
Legal 500 2007

'Exceptionally promising and forceful'
Chambers UK 2007

Ellodie is listed as an expert in Property Litigation in Legal Experts 2008, 2009 and 2010.