Tricia Hemans > Chambers of Guy Fetherstonhaugh KC and Stephen Jourdan KC > London, England > Barrister Profile

Tricia Hemans

020 7353 2484 hemans@falcon-chambers.com View profile View profile

Position

Tricia Hemans specialises in all areas of property law, including all aspects of real property and both commercial and residential landlord and tenant, as well as property-related family law disputes. She also has particular experience of mortgage receivership disputes and is a contributor to Tozer and Crampin on Mortgage Receivership: Law & Practice. Tricia also has experience of mediation advocacy.

Career

Recent publications:

• Where are we now? Mortgage Receivership & Possession – NLJ 7 February 2020, with Cecily Crampin
• On the Receiving end – NLJ 22nd March 2019 with Cecily Crampin
• Contributor to Mortgage Receivership: Law & Practice” by Stephanie Tozer and Cecily Crampin

Recent cases:

• Hope Community Church (Wymondham) v Phelan and others (as Trustees of The Phelan Group Limited Retirement Benefits Scheme) [2020] EWHC 1240 (Ch) – Led by Guy Fetherstonhaugh, Tricia appeared for the Defendants in a case in which the Court considered when the right to enfranchise can be exercised under the little encountered, Places of Worship (Enfranchisement) Act 1920.
• Yuen v Wong (2019): Tricia appeared in the First-tier Tribunal as it considered an important point on which there is no clear authority, concerning whether, for the purpose of creating a deed, it is possible to witness a signature remotely.
• 3 and 41 Observatory Way Ramsgate CT12 6AZ and 24, 36, 54, 60 and 86 Pretoria Road Chertsey Surrey KT16 9AZ. Tricia recently appeared in the First-tier Tribunal, Property Chamber (Residential Property) as it considered seven leases with doubling ground rent provisions. The Tribunal determined the appropriate capitalisation rate to be applied to doubling ground rents following applications under s.48 Leasehold Reform Housing and Urban Development Act 1993 to determine the terms of acquisition of seven separate lease extensions.
• Rashid v Nasrullah [2018] EWCA Civ 2685: Tricia appeared in the Court of Appeal led by Stephanie Tozer in this important case on adverse possession. The court considered whether a person who had, by fraud, become the registered proprietor of land could successfully claim adverse possession of that land in the face of a challenge by the defrauded original proprietor.
• The Mortgage Business Plc and others v E&J Ground Rents NO3 LLP and others (2017): Tricia appeared for the successful claimant in the High Court, Chancery Division. The claim involved the rectification of mistakes in various documents, consequential declarations and the updating of the land register to reflect the rectification.
• Imran Garrib v Palwontee and Bank of Scotland (2017): Tricia appeared for the successful second defendant, the Royal Bank of Scotland, in a two-day trial in the First-tier Tribunal (Land Registration). The case concerned whether the proprietorship register should be rectified due to an allegedly fraudulent transfer and if so, whether a charge in favour of the bank should also be removed as a consequence of the original mistake. The case raised issues concerning the equitable remedy of subrogation, the scope of the Tribunal’s powers to correct the consequences of a mistake and its jurisdiction determine matters referred to it.
• Price v Daejan Properties Ltd. (2017): Tricia appeared in a one-day valuation dispute before the   First-tier Tribunal (Residential Property). The case concerned the correct premium payable for a new lease under the Leasehold Reform Housing and Urban Development Act 1993. Tricia cross-examined an expert valuer on issues of the appropriate deferment rate, capitalization rate and relativity.
• Maduakonam acting by Jardine and Burgess (LPA receivers) (2017): Tricia appeared for the successful Law of Property Act receivers in two separate cases concerning mortgage receivership. The Court had to grapple with questions of standing in circumstances where a receiver brought a claim against the occupiers of a mortgage property, in the name of the borrower and the borrower sought to be joined as a party in his own right in order to defend the claim. The cases also raised issues of the validity of a receiver’s appointment and the question of the borrower’s powers to let property once a receiver had been appointed.
• Hogben v Wood (2017): Tricia appeared for the successful claimant in a one-day trial of a complex residential possession claim. The case involved issues concerning the effect of a historic deed of gift, probate and the transfer of a property pursuant to various wills.
• The Mayor and Burgesses of the London Borough of Haringey v Roy and Roy (2017):  – Tricia appeared in the First-tier Tribunal (Residential Property) for the successful defendant in a dispute concerning the payment of service charges and whether the consultation requirements under section 20 Landlord and Tenant Act 1985 and the service charges (consultation requirements) (England) Regulations 2003 had been complied with
• Tami Jane Wallace v Central London County Court and others (2016): Tricia appeared for the successful interested party in the Admin Court to oppose an application for permission to claim judicial review
• Mortgages 1 Limited v Hossein Gharaie (2016): Tricia appeared in the Queen’s Bench division of the High Court and successfully opposed an application for permission to appeal
• Area Estates Ltd and others v Moira Hanley: Tricia acted for the successful tenants in collective enfranchisement dispute pursuant to the Leasehold Reform, Housing and Urban Development Act 1993. In two separate but related claims, Tricia was successful in arguing for an order determining the terms of acquisition and an order vesting the freehold interest in the nominee purchaser.
• O’Brien v D’Aoust (January 2016): Tricia appeared for the Defendant in a 3 day county court trial before a circuit judge. The dispute related to the location of a boundary between two properties and the existence and extent of a right of way.
• Ramesh Kerai v Narinda Sharma (LON/00AE/OLR/2015/0750): Tricia appeared for the successful applicant in an application for costs before the First-tier Tribunal. The Tribunal, pursuant to Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, ordered the Respondent to pay the Applicant’s costs incurred and incidental to the Respondent unreasonably defending and conducting proceedings.

Memberships

Tricia is a member of the Chancery Bar Association and Property Bar Association, The Bar Council Equality, Diversity & Social Mobility Committee’s Retention Panel (2019-2020) and The London Common Law and Commercial Bar Association.

Education

Walworth Secondary School, Westminster Kingsway College, Queen March University of London, LLB: Law (1^ST Class Hons), College of Law, BPTC (Very Competent).