Tina Kumar-Jacob

Tina is experienced in dealing with the following either by way of Advisory work, drafting pleadings and/or representation in court (injunctions, interim applications and trials): 

• Mortgages-instructed on behalf of banks, private lenders/borrowers and receivers 

• land registration 

• easements 

• restrictive covenants 

• adverse possession 

• boundary disputes 

• beneficial ownership of land 

• property damage 

• nuisance 

Examples of work: 

• Speedkarting Limited v Beddall & Lloyd, Court of Appeal, (Appeal ref A3/2014/2912) (unreported): Acting for the Appellant in successfully appealing against a decision relating to rights of way on a trading estate by way of a roadway. Issues relating to the interpretation of the previous transfer of covenants on the land. 

• The Queen, on the application of Mrs Wiseman v Secretary of State for Environment, Food and Rural Affairs, Court of Appeal, (Appeal ref C1/2016/0655) (unreported): The Application for permission to appeal a decision to refuse permission to claim for judicial review on the basis of inter-alia procedural irregularity. Issues as to Appellant losing the privacy and security of her family home and her having lost the enjoyment of her land.   

• 3-day trial at the First Tier (Property) Tribunal on a boundary dispute. 

• 3-day multi-track trial representing successful Claimant seeking a Declaration and claiming an entitlement to an interest in a property by way of a lifetime tenancy under a constructive trust or proprietary estoppel in the alternative. 

• 2-day trial of contested application to alter/rectify a unilateral notice on the charges register under the Land Registration Act 2002: First-tier Tribunal (Property Chamber), Land Registration Division. 

• Committal proceedings at the High Court brought by the Administrator of the Estate for the failure to vacate the property settled in Probate Proceedings. 

• Defending a claim in neighbourly dispute asserting covenants in leases against each other and wider issues of obstruction and nuisance. 

• Advising and representing client on a claim for prescription/derogation of grant against a neighbour. 

• Applications to alter the Title Register either by individuals or on behalf of companies. 

Tina handles both residential and commercial landlord & tenant matters. 

Tina is regularly instructed to advise and appear in the county court and/or the First-tier Tribunal (Property Chamber) on the following matters: 

• All aspects of residential claims ranging from possession, disrepair, tenancy deposits 

• Advising on lease termination, renewals, variations 

• Possession claims against trespassers (private and LPA Receivers) 

• Orders for Sale (including applications under TOLATA and pursuant to charging orders) 

• Commercial leases relating to all contractual issues, break clauses, renewal of business tenancies, forfeiture 

• Service charge-related claims and Right to Manage applications 

• Applications under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA) 

Tina represented the successful party in the case of Khandanpour v Chambers [2019] EWCA Civ 570, [2019] 4 WLUK 85. This was a matter before the Court of Appeal relating to issues of appropriation and relief from sanctions; the case originally arising from a case of unlawful eviction. 

Tina represented 201 Leaseholders on an application for obtaining dispensation in relation to s.20 consultation in the FTT against a landlord in a development which required fire alarm systems to replace waking watches. 

Mediation 

Tina is an experienced Mediation Advocate and regularly represents clients in mediations.  This representation expands to all areas of civil litigation. 

This skill correlates to her also being an accredited practising Mediator. 

Tina is also on the teaching/assessing faculty of the London School of Mediation. 

‘I had the luck to have Tina Kumar represent my company as our barrister at a recent court case. Her professional manner in dealing with our claim, I think was one of the reasons that we won. I would recommend her to anyone looking for a quality Barrister.’

Robert Falconer 

W.E Deane Ltd 

‘I’m terribly impressed with both Tina’s approach and her work. She’s taken this on last minute, never phased by lateness, nor two instructing sols, nor the opposition, with utter calm. Her work last night and today have made a very real difference to our client’s life… really, very well done.’

Daniel Stevens 

Amicus Law 

‘Tina appeared in lengthy civil contempt proceedings arising from a family home in a long running estate administration. The proceedings were complicated and with involved issues of fact and emotion. Tina successfully resisted the successive committal applications and despite the evidence against the client, the merits and the reasonably resourced opponent.

This was also with the constraints of the circumstances of the instructions and the repeated need for expedition. She successfully dismissed one application with a costs order on the strict interpretation of the complained of order. Later, she also assisted in the final withdrawal of the remaining applications that had been outstanding for over a year. Her calm and professional approach in the face of the circumstances is to be applauded and thoroughly recommended.’

Chris Rodda 

EBL