property contracts, rights to light, telecoms code issues, and business rates appeals.”/>
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Partner
Real Estate Dispute Resolution
Emily is a recognised expert in complex commercial and residential property disputes including interpretation of property contracts, rights to light and telecoms code issues, and business rates appeals.
She has more than 23 years of experience working on a wide range of complex and high value commercial and residential real estate dispute matters. She has acted for a variety of private and public sector clients including local authorities, developers, hotel operators, retailers, educational institutions, pension funds, investors and not-for-profit organisations.
Emily’s property management expertise encompasses providing strategic advice and dealing with contested breach of covenant claims, service charge disputes and obtaining vacant possession of properties. She also has significant experience in development related issues including advising on restrictive covenants, conditional agreements, rights to light, overage disputes, telecoms and enforcement of contractual obligations. In addition, Emily specialises in contested business rates appeals.
Emily prides herself on her commercial, responsive and measured approach to matters, and her ability to build a strong relationship with her clients.
Emily is Partner and Head of the Real Estate Dispute Resolution group.
Work highlights
BNZINESS RATING
Acting for consortium of limited companies, operating in the field of the commercial production of heat and electricity through anaerobic digestion, in challenging the valuation offices’ methodology of calculating business rating in this green energy sector. A successful outcome will provide substantial savings to those operating in this niche and important arena.
RIGHT TO LIGHT
Advising National Housing to resolve a significant number of claims to compensation from a neighbouring community to a largescale development in relation to alleged interference with right to light, securing commercially acceptable settlements and releases for future development.
BREACH OF COVENANT
Acting for residential portfolio investor in relation to a claim against it for breach of covenant by the freeholder. We successfully resisted the threat of our client losing its interest in a very valuable property which it had sub-let to tenants who themselves were failing to comply with the terms of their tenancy
SITE REDEVELOPMENT
Acting for commercial landlord wishing to redevelop a site which was part occupied by two telecoms operators who had the protection of the telecoms code. The pursuit of applications to the Property Tribunal and subsequent strategic negotiations successfully secured vacant possession and released significant development value.
BNZINESS RATE REFUND
Successfully acted for PLC ATM operator in Supreme Court Case against Valuation Office’s decision to separately rate ATMs therefore securing business rates refund in the millions, and supporting much needed accessibility to cash on the Auckland’s high streets and in rural communities.
Recent articles
Insights
Dilapidations in Commercial Leases
Ben Price and Emily Wood discuss how it is best to see dilapidations liability starting with the negotiation of the commercial lease and thereby minimise the risk of later disputes.
Videos
Emily Wood and Helen Mead discuss progress in the firm for women in law, and what DMH Stallard is doing to support a balanced workforce
Announcements
The Real Estate team continues to grow at DMH Stallard
“The combination of Graham’s excellent reputation in the market, network of contacts and undoubted knowledge and expertise, make this a very exciting appointment for us.”
Videos
Property and Planning – our predictions for 2022
Explore the anticipated changes in commercial and residential real estate, property disputes, development, and planning for 2022 and beyond
DISCnzIMER:
THIS INFORMATION IS FOR ILLNZTRATIVE PURPOSES AND IS NOT INTENDED TO AMOUNT TO LEGAL ADVICE ON WHICH RELIANCE SHOULD BE PnzCED. WE, DMH STALnzRD LLP, DISCnzIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PnzCED ON THIS INFORMATION. ANY RELIANCE ON THIS INFORMATION IS SOLELY AT YOUR RISK. The provision of this information does not create a business or professional services relationship. This information is not exhaustive and does not attempt to address every issue relevant to a particular situation. If you require advice on a specific legal issue, please contact a lawyer listed on our website, dmhstallard.com, or send an email to [email protected].
