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Elizabeth Dwomoh

  • Property  

    Property

    Housing

    Elizabeth has a growing practice in the field of Housing Law and provides seminars in this area.  She is regularly instructed to appear in the High Court, County Court and First-tier Tribunal on behalf of tenants, social landlords and private landlords on interlocutory applications, including ex parte applications for injunctions, and at trial.  Her expertise encompasses the following:

    • Disrepair
    • Breach of covenant
    • Service charge disputes
    • Possession claims (including s.8 Housing Act 1988, s.21 Housing Act 1988, s.83 Housing Act 1985, Notice to Quit and trespass)
    • Sham tenancy agreements
    • Tenancy deposits under the Housing Act 2004
    • Injunctions under the Anti-social Behaviour, Crime and Policing Act 2014
    • Homelessness appeals

    Recent work

    • Advising a tenant on their chances of success in a potential claim for unlawful eviction and breach of the tenancy deposit scheme by their former landlord.
    • Advising and drafting proceedings on behalf of a tenant against his landlord’s claim for possession on the basis that the incorrect notice had been served as his purported licence was a sham and he was in fact an assured shorthold tenant.
    • Acting for a local authority in successfully defeating a tenant’s challenge on the reasonableness of his service charges during a two day hearing in the First-tier Tribunal, Property Chamber.
    • Drafting section 42 notices for leases extension under the Leasehold Reform, Housing and Urban Development Act 1993.
    • Acting on behalf of a tenant who was awarded damages of over £20,000 in respect of his claim for unlawful eviction against his landlord.
    • Acting for a tenant in successfully discharging an anti-social behaviour injunction and resisting a claim for an outright possession order after a 10 day trial.
    • Acting for a local authority in judicial review proceedings following its refusal to accommodate an individual pending a s.202 review into whether she has priority need under the Housing Act 1996 as amended.

     

    Commercial Landlord and Tenant

    Elizabeth practice encompasses all areas of Commercial Landlord and Tenant disputes.  She regularly advises in relation to disputes arising under the Landlord and Tenant Act 1954 as well as non-statutory protected commercial tenancies.  Her expertise includes:

    • Business tenancy renewals under the Landlord and Tenant Act 1954
    • Terminal dilapidations
    • Breach of covenant
    • Break notices
    • Forfeiture claims
    • Licences

    Recent work

    • Acting for a leaseholder in negotiations for the grant of express easements over retained land.
    • Advising and negotiating a favourable settlement for a commercial landlord in a complicated Landlord and Tenant Act 1954 tenancy renewal case where the tenant had persistently delayed in paying rent and failed to carry out repairs.
    • Acting on behalf of a landlord in a case involving extensive terminal dilapidation.
    • Acting for numerous commercial landlords in forfeiture proceedings.
    • Acting for a commercial landlord who sought to regain possession of the residential part of a mixed use premises in circumstances where the tenant alleged his tenancy at will had been converted into a statutorily protected periodic tenancy.

    Real Property

    Elizabeth has experience in advising and representing clients in all aspects of Real Property. In particular her expertise includes:

    • Easements and rights of way
    • Boundary disputes
    • Land registration and title disputes
    • Trusts of land (including claims under the Trusts of Land and Appointment of Trustees Act 1996)
    • Mortgages
    • Charging orders and orders for sale

    Recent work

    • Acting for mortgagor in successfully resisting a claim for possession by the mortgagee in circumstances where the mortgage arrears could be cleared within a reasonable period.
    • Advising and drafting a pre-action letter for a creditor in an application for an order for sale of a multi-million pound property under Trusts of Land and Appointment of Trustees Act 1996.
    • Advising a client in as to her claim for a beneficial interest under a constructive trust in property owned by her child.
    • Advising a freeholder in relation to a right of way over neighbouring land.

    News & Resources

    When can unreasonable behaviour be costly?

    In the conjoined appeals of Willow Court Management Co Ltd v Ratna Alexander, Shelley Sinclair v 231 Sussex Gardens Right to Manage Ltd, Raymond Stone v 54 Hogarth Road, London SW5 Management Ltd [2016] UKUT 290 (LC),

    31st August 2016 Read more

    Secure tenancies and succession

    Was the decision of a local authority, in refusing the partner of a pre-April 2012 secure tenant the right to succeed to his tenancy because she had not resided with him for a continuous period of 12 months before his death, unreasonable or disproportionate?

    1st February 2015 Read more

    A costly break up

    If a tenant paid rent due on the quarter day in full because he was uncertain that on that date he could meet the preconditions required to exercise the break clause,

    1st June 2014 Read more

    Gaining and Losing Title to Registered Land

    In Horace Parshall v Clara Hackney [2013] EWCA Civ 240 the appellant (“X”) appealed against a decision that the respondent (“Y”) had acquired possessory title to a parcel of land which had formed part of his property (“the disputed land”).

    1st May 2013 Read more

     

  • Employment  

    Employment

    Elizabeth is an experienced employment law practitioner who is regularly instructed to represent both employers and employees.  Elizabeth regularly appears in the Employment Tribunals, the High Court and County Court in disputes concerning:

    • Unfair and wrongful dismissal
    • Discrimination
    • Restrictive covenants
    • Confidentiality
    • Redundancy and business re-organisations
    • Equal pay
    • Breach of contract
    • TUPE transfers
    • Working time regulations

     Recent work

    • Acting for an employee in his successful claim for unfair dismissal against his employer.
    • Negotiated a favourable settlement on behalf of the respondent in a multi-day claim brought by the claimant for constructive dismissal and age discrimination.
    • Advised a major UK company in a claim for compensation arising from a breach of s.11 TUPE 1996 by the Respondent transferor.
    • Successfully represented the Respondent company in defeating the Claimant’s claim for unfair dismissal in the ET and his subsequent appeal in the EAT.

    News & Resources

    Equal pay: location, location,

    To satisfy a tribunal that a comparator should be treated as being "in the same employment", a claimant would ordinarily need show that their comparator, if employed at their establishment, would be subject to the same or broadly similar employment terms that the claimant was employed under.

    1st August 2013 Read more

    All change at the Employment Tribunal

    From 29th July 2013 the Employment Tribunal Constitution and Rules of Procedure Regulations 2013 (SI 2013/1237) comes into full force. The new procedural rules are flexible, clearer and more user-friendly.

    1st July 2013 Read more

    Let no employer put asunder

    All is fair in love and work so say the Employment Appeal Tribunal (EAT) in the Dunn v Institute of Cemetery and Crematorium Management UKEAT/0531/10/DA.

    22nd April 2012 Read more

    Employment: A Reality Check

    Mr X is an individual who provides valeting services for a car cleaning business - Y. He enters into a written contract with Y that expressly defines his relationship with Y as that of sub-contractor and not employee.

    1st August 2011 Read more

     

  • Commercial  

    Commercial

    Elizabeth is an experienced commercial practitioner with particular experience in insolvency matters, professional negligence and banking guarantees and securities. She also advises and lectures companies on their obligations under the Data Protection Act 1998.  Elizabeth’s practice also encompasses the following areas:

    • Shareholder disputes
    • Directors’ duties
    • Personal insolvency – IVAs, statutory demands, bankruptcy generally
    • Commercial disputes
    • Sale and supply of goods and services

    Recent work

    • Acting for a right to manage (RTM) company to successfully defend a counterclaim brought by a long lessee and shareholder in the RTM company for repayment of a loan which had not been properly assigned.
    • Acting for a building contractor in striking out a claim for breach of contract brought by a client.
    • Advising an appropriate body of its obligations under the Data Protection Act 1998 and the Freedom of Information Act 2000.
    • Representing a large events management company in enforcement proceedings against a museum.  
    • Representing co-directors in a summary judgment application brought by a bank founded on personal guarantees entered into by the directors to obtain a loan facility for their company. The claim was defended on the basis of misrepresentation as to the extent of the directors’ liabilities under the guarantees.

    News & Resources

    Effecting personal service of a bankruptcy petition

    In Morby v Gate Gourmet Luxembourg IV Sarl and another [2016] EWHC 74 (Ch), the High Court has helpfully clarified the mechanism by which personal service of a bankruptcy petition can be effected when a debtor is not handed the petition or attempts to evade service.

    11th February 2016 Read more

    Advocacy in Arbitration Proceedings – Delivered to the Malaysian Bar Association, Kuala Lumpar (2010).

Profile

Elizabeth is an established Property and Commercial practitioner with particular expertise in the fields of Housing, Commercial landlord and tenant law and Employment law.

As an experienced advocate, Elizabeth combines sound business acumen with a practical and forensic approach to her trial advocacy and advisory work.  Professional and lay clients alike find her to be approachable and an efficient problem solver.

Elizabeth also accepts appropriate work under the Direct Public Access Scheme.

When time permits, Elizabeth enjoys travel, reading and medieval castle restoration.

Further information

Qualifications

  • LLB (Hons), University of Dublin, Trinity College
  • Diplôme de Droit Français, Université Panthéon–Assas Paris I
  • BVC, Inns of Court School of Law, City University
  • Queen Mother Scholarship, Middle Temple
  • Blackstone Entrance Exhibition, Middle Temple

Languages

  • French and Twi (working knowledge)

Memberships

  • Commercial Bar Association
  • Employment Bar Association

News & Resources

When can unreasonable behaviour be costly?

In the conjoined appeals of Willow Court Management Co Ltd v Ratna Alexander, Shelley Sinclair v 231 Sussex Gardens Right to Manage Ltd, Raymond Stone v 54 Hogarth Road, London SW5 Management Ltd [2016] UKUT 290 (LC),

31st August 2016 Read more

Effecting personal service of a bankruptcy petition

In Morby v Gate Gourmet Luxembourg IV Sarl and another [2016] EWHC 74 (Ch), the High Court has helpfully clarified the mechanism by which personal service of a bankruptcy petition can be effected when a debtor is not handed the petition or attempts to evade service.

11th February 2016 Read more

Secure tenancies and succession

Was the decision of a local authority, in refusing the partner of a pre-April 2012 secure tenant the right to succeed to his tenancy because she had not resided with him for a continuous period of 12 months before his death, unreasonable or disproportionate?

1st February 2015 Read more

A costly break up

If a tenant paid rent due on the quarter day in full because he was uncertain that on that date he could meet the preconditions required to exercise the break clause,

1st June 2014 Read more

Equal pay: location, location,

To satisfy a tribunal that a comparator should be treated as being "in the same employment", a claimant would ordinarily need show that their comparator, if employed at their establishment, would be subject to the same or broadly similar employment terms that the claimant was employed under.

1st August 2013 Read more

All change at the Employment Tribunal

From 29th July 2013 the Employment Tribunal Constitution and Rules of Procedure Regulations 2013 (SI 2013/1237) comes into full force. The new procedural rules are flexible, clearer and more user-friendly.

1st July 2013 Read more

Gaining and Losing Title to Registered Land

In Horace Parshall v Clara Hackney [2013] EWCA Civ 240 the appellant (“X”) appealed against a decision that the respondent (“Y”) had acquired possessory title to a parcel of land which had formed part of his property (“the disputed land”).

1st May 2013 Read more

Civil Procedure: How not to apply

In CEF Holdings and anr v Brian Mundey and 23 ors [2012] EWHC 1524 the Court set down useful guidelines on how to comply with the obligation to make full and frank disclosure on without notice or proper notice applications.

1st July 2012 Read more

Let no employer put asunder

All is fair in love and work so say the Employment Appeal Tribunal (EAT) in the Dunn v Institute of Cemetery and Crematorium Management UKEAT/0531/10/DA.

22nd April 2012 Read more

Employment: A Reality Check

Mr X is an individual who provides valeting services for a car cleaning business - Y. He enters into a written contract with Y that expressly defines his relationship with Y as that of sub-contractor and not employee.

1st August 2011 Read more

Civil Procedure: Disclosure 1 - 0 Privilege

To do justice and discourage litigants from “expert shopping” the Court of Appeal in the recent case of Ricky Edward Tubbs v JD Weatherspoon PLC [2011] EWCA Civ 136 CA, has again demonstrated a willingness to employ its wide ranging case management powers go behind the shield of a party’s privilege in a document.

1st March 2011 Read more

How to set-off - legally and equitably

In the recent case of Gary Fearns (T/A Autopaint International) v Anglo-Dutch Paint & Chemical Co Ltd & 5 Ors [2010] EWHC 2366 (CH) the Court undertook a cogent analysis of the law of set-off.

1st November 2010 Read more
Elizabeth Dwomoh


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Year of Call 2005

Email

elizabethdwomoh@lambchambers.co.uk

Contact clerk

Cliff Alderson

020 7797 8303

VAT Reg No

986195953

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