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block of flats

Problems with Leasehold Covenants

Is the landlord of a block of flats entitled to grant a licence to a tenant to carry out work which would breach an absolute covenant contained in a lease…

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Rob Kelly

Senior Associate Solicitor — Dispute Resolution

Direct dial: 01202 377871

Email

Rob Kelly
  • “Rob Kelly has been absolutely exceptional in resolving this litigation and so thorough in everything and basically gave the opposition a masterclass of his work that he is so good at.”

    Paul Jeffcoate - Contentious Probate Client

  • “I have had the pleasure of working with several members of the team at Laceys regularly over a period of years. I found Rob Kelly in particular, who worked on a successful litigation case for me over a period of several years to be outstanding in all aspects of the work he undertook, and the manner in which he did it. I now consider him a friend. I would not - and have not - hesitated to recommend Laceys to my family and friends, and continue to use them for all legal matters.”

    Dan Collins

  • “ I just wanted to thank you for your great work on the professional negligence case and other cases you have represented Indian Ocean and Tiien through the last few years.”

    Mehdi Vahdati, Director and Proprietor - Indian Ocean (Bournemouth) Limited

  • “A case that was initially very straightforward became difficult and, for me, very frustrating. Rob Kelly's calm, lucid and very professional advice and planning were invaluable and led to a good outcome.”

    Don Young

  • “Their Fee Management was exemplary and the expertise provided by Rob was exactly what we required.”

    Sunseeker London Limited

  • “I've worked with a fair few lawyers over the years and Rob Kelly is the most on the ball and efficient lawyers I've ever come across. I'm looking forward to working together for many years to come.”

    Roger Woodall CEO - Diamond Sporting Group

Rob practices in two main, complimentary areas of work – contentious wills, probate and trust disputes, and property disputes.

Contentious wills, probate and trusts

More than half of Rob’s time is spent dealing with the contentious aspects of wills, probate and trusts, an area in which he has practiced continuously for over 20 years.  He advises and acts in disputes relating to wills and inheritance, trusts, the duties of trustees and personal representatives, and the administration of estate.

Rob’s practice embraces:

  • Personal representative and trustee disputes (including personal representative and trustee disagreements, removals / substitutions and alleged misconduct)
  • Disappointed beneficiary claims
  • Will disputes (where the validity of a will is challenged on the grounds of undue influence, lack of testamentary capacity, lack of knowledge and approval of the contents of a will, and fraudulent calumny)
  • Financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Proprietary estoppel claims
  • Disputes about the proper construction, and rectification, of wills
  • Caveats
  • Professional liability claims arising from the preparation of wills and trusts and the administration of estates

He has mediated (either as appointed mediator or as a representative) dozens of disputes involving contentious wills and probate issues.

Property disputes

The other side of Rob’s practice is contentious property work.  This embraces:

  • Residential and commercial landlord and tenant disputes
  • Disrepairs
  • Repairing covenants
  • Possession claims
  • Lease termination and lease forfeiture
  • Dilapidations
  • Service charge disputes
  • Interpretation and enforcement of leasehold covenants

Rob’s style is a mix of listening, asking (tough) questions, diplomacy and reality testing. He’s interested, flexible, and pragmatic. He offers a common sense, realistic approach to assist his clients in searching for solutions to their disputes and brings straight talking and integrity to his work.

Rob is a Solicitor. He successfully completed training as a mediator under the ADR Chambers / Harvard Law Project Scheme in June 2006 and is a member of the Civil Mediation Council.

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Mark Timberlake

Managing Partner — Dispute Resolution

Direct dial: 01202 377863

Email

Mark Timberlake
  • “The advice Mark gave was very good value for money and the combination of strictly accurate legal advice and common sense were exactly what I needed.”

    Nick Stocks. Director, Spitfire Court Properties Ltd.

  • “Mark Timberlake is an exceptional solicitor. He has a huge depth of knowledge in his speciality and looks after his clients in a very kind and patient manner. Mark is unfailingly courteous and always a pleasure to deal with. I am always confident in any matter that Mark has dealt with.”

    Jane Balmforth

  • “We have had many years of top class professional advice and assistance in many respects of our property ownership. However great our worries initially, matters have been dealt with in a most professional manner and to our satisfaction.”

    Michael Filer, Bourne Court Consortium

Mark qualified as a solicitor in 1989 and since then has specialised in property and landlord and tenant disputes, possession and debt recovery in relation to both commercial and residential property. He has extensive experience in relation to issues involving blocks of flats including representation in the Property Chamber and the courts. He has also dealt with many commercial disputes, professional negligence and insolvency claims.

He has frequently given talks on the law as it affects managing agents through the Association of Residential Managing Agents and other groups.

He has been recommended for many years by the Legal 500 Guide to the Legal profession which has said that Mark ‘is very highly rated by clients’, ‘explains complex issues in understandable terms’ and ‘is excellent in really difficult situations’. 

Mark is married with 2 teenage children and at weekends can often be found on his boat which he sails competitively.

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Interim Service Charge Demands

Most leases require a sum to be paid on account of service charges for costs that will be incurred in the future. These are commonly called ‘interim demands’. Unless the…

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Mark Timberlake

Managing Partner — Dispute Resolution

Direct dial: 01202 377863

Email

Mark Timberlake
  • “The advice Mark gave was very good value for money and the combination of strictly accurate legal advice and common sense were exactly what I needed.”

    Nick Stocks. Director, Spitfire Court Properties Ltd.

  • “Mark Timberlake is an exceptional solicitor. He has a huge depth of knowledge in his speciality and looks after his clients in a very kind and patient manner. Mark is unfailingly courteous and always a pleasure to deal with. I am always confident in any matter that Mark has dealt with.”

    Jane Balmforth

  • “We have had many years of top class professional advice and assistance in many respects of our property ownership. However great our worries initially, matters have been dealt with in a most professional manner and to our satisfaction.”

    Michael Filer, Bourne Court Consortium

Mark qualified as a solicitor in 1989 and since then has specialised in property and landlord and tenant disputes, possession and debt recovery in relation to both commercial and residential property. He has extensive experience in relation to issues involving blocks of flats including representation in the Property Chamber and the courts. He has also dealt with many commercial disputes, professional negligence and insolvency claims.

He has frequently given talks on the law as it affects managing agents through the Association of Residential Managing Agents and other groups.

He has been recommended for many years by the Legal 500 Guide to the Legal profession which has said that Mark ‘is very highly rated by clients’, ‘explains complex issues in understandable terms’ and ‘is excellent in really difficult situations’. 

Mark is married with 2 teenage children and at weekends can often be found on his boat which he sails competitively.

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The Commercial Rent (Coronavirus) Bill and pandemic rent arrears

The current moratorium on commercial landlords evicting tenants, exercising the right to seize goods or taking insolvency...

Read Article

Landlord and Tenant law

Landlords’ options for enforcing commercial tenants’ obligations

As the economic impact of the pandemic grows, many commercial landlords are struggling to collect rent and...

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Rob Kelly

Rob Kelly

Rob practices in two main, complimentary areas of work – contentious wills, probate and trust disputes, and property disputes. Contentious wills, probate and trusts More than half of Rob’s time…

Read article

Direct dial:

Email

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Mark Timberlake

Mark Timberlake

Mark qualified as a solicitor in 1989 and since then has specialised in property and landlord and tenant disputes, possession and debt recovery in relation to both commercial and residential…

Read article

Direct dial:

Email

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How are gifts treated in divorce or dissolution of a civil partnership?

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Mark Preece image profile

Mark Preece

Mark qualified as a solicitor in 2008 after gaining an LLB (2003) and LLM (2005) at university’s in Birmingham.  He completed his training contract with the North Dorset and South…

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Direct dial:

Email

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