Region Area

Lawyers

Brooke Lyne

Brooke Lyne

Position

Brooke is a specialist property barrister with a successful practice covering real estate matters and commercial and residential landlord and tenant disputes. Brooke recently appeared (being led) for the successful landlord in the Supreme Court in Aviva Investors Ground Rent GP Limited v Williams & ors [2023] UKSC 6.

Brooke was recently described in the legal directories as "razor sharp in her legal analysis and advice, Brooke’s advocacy style is pragmatic, attentive and highly effective."

She is frequently called upon to advise or act in complex matters often involving esoteric areas of property law. For example, Brooke has advised on security of tenure under the Rent (Agriculture) Act 1976 and the Rent Act 1977; and she advised and acted in a claim for possession of freehold land arising from non-payment of a rent charge. Brooke is also often called upon to advise on complex issues relating to the proper construction of leases or other documents.

In recent years, Brooke has worked on a number of cases involving trespass to the roofs and external parts of iconic buildings by urban explorers looking to obtain social media content and notoriety. In 2022 Brooke successfully obtained an interim injunction in the High Court to protect the Centre Point Tower in Central London from urban explorers. The matter is expected to proceed to a final hearing in 2023.

Brooke is regularly instructed in a wide range of commercial landlord and tenant disputes. Brooke has acted in numerous commercial rent arrears cases; lease renewals and dilapidations claims. Brooke is currently involved in several complex forfeiture claims involving high-value commercial premises.

Brooke has extensive experience of leasehold disputes in the First-tier Tribunal, particularly those involving cladding and remediation works. Brooke has been instructed to advise various clients on the implications of the Building Safety Act 2022 and is involved in some of the first applications for remediation orders to reach the tribunal in 2023.

Brooke recently appeared (being led by Simon Allison) for the successful landlord in the Supreme Court in Aviva Investors Ground Rent GP Limited v Williams & ors [2023] UKSC 6; a case concerning the scope of the tribunal’s jurisdiction in leasehold service charge disputes about the apportionment of service charges.

In 2020, Brooke acted for the successful landlord in Trecarrell House Limited v Rouncefield [2020] EWCA Civ 760 (being led by Justin Bates); a case about whether a landlord’s failure to provide a tenant with a gas safety certificate prior to occupation was fatal to the landlord’s ability to ever serve a s.21 notice.

Brooke regularly films webinars, gives lectures and writes about property law issues. In the past year she has covered a range of topics including forfeiture, interim possession orders, orders for sale and possession and lease renewals of business tenancies.

Brooke is the co-author of On Your Feet: A Practical Guide to Civil Advocacy.

Education

Qualifications

• Bar Professional Training Course, City University, Outstanding

• Graduate Diploma in Law, City University, Commendation

• BA (Hons.) English, Girton College, University of Cambridge, 2.1

Scholarships

• Duke of Edinburgh Scholarship and Exhibition awards for her Graduate Diploma in Law and for her Bar Professional Training Course

Memberships

• Chancery Bar Association

• Property Bar Association

Publications

• Author of A Practical Guide to the Homes (Fitness for Human Habitation) Act 2018, published by Law Brief Publishing in December 2019

• Co-author of On Your Feet: A Practical Guide to Civil Advocacy, published by Sweet & Maxwell in 2019

• Assistant Editor of the Encyclopedia of Housing Law and Practice

• Editorial Assistant of the 11th edition of Homelessness & Allocations (2018)

Mentions

London Bar

Property litigation

Leading junior5
Brooke Lyne – Landmark Chambers ‘Her advocacy is formidable. She is excellent at identifying complex legal issues and provides robust advice.'