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Byroni Kleopa

Year of call: 2017

Byroni Kleopa
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Byroni specialises in all areas of Property and Planning Law.  Byroni frequently acts in areas where her specialisms overlap. She has developed a strong advisory practice and frequently appears as sole counsel in the County Court and First-Tier Tribunal (Property Chamber) in complex service charge cases. She acts for both commercial and residential landlords and tenants and large property investors.

Commercial Landlord & Tenant

Byroni accepts instructions to act in all types of commercial landlord and tenant disputes. She has experience of advising and appearing on behalf of landlords, tenants, RTM’s and management companies specifically in relation to disputes involving 1954 Act lease renewals, dilapidations, forfeiture and relief from forfeiture.

Recent work includes:

  • Advising a large property investor in relation to dilapidations claim.
  • Drafting statements of case in relation to dilapidations claims.
  • Advising on the validity of break notices.
  • Advising and representing on the validity of a service charge provision.

Leasehold & Leasehold Management

Byroni is experienced in dealing with all areas of leasehold matters. She regularly appears in the County Court and First-Tier Tribunal in relation to service charge disputes, specifically in relation to claims for the recovery of service charges and section 27A LTA 1985 applications. Byroni is experienced in acting for corporate and individual lessors, lessees and management companies.

Byroni has recently been advising landlords in relation to applications for a rent repayment orders by tenants and local authorities and has appeared as sole counsel in the First-Tier Tribunal.

Recent work includes:

  • Advising on to the validity of a claim notice in a right to manage claim and the meaning of “inaccuracy” under section 81 of the CLRA 2002
  • Advising on HMO requirements and additional licensing
  • Acting in one-day trial representing a RTM company concerning the validity of a loan made to the service charge account.
  • Acting in a multi-day trial representing a corporate lessor in relation to the recoverability of service charges and administration charges.
  • Acting in a one-day trial representing an RTM company in relation to the recoverability of a major works contribution.

Real Property & Mortgages

Byroni has experience in all types of real property cases including advising on restrictive covenants and easements, adverse possession and boundary disputes. Byroni frequently appears on behalf of mortgagors in applications for Interim and Final Charging Orders as well as Orders for Sale.

Recent work includes:

  • Advising on the chances of success of a claim for a right to light by prescription.
  • Advising on the validity and enforceability of a restrictive covenant in relation to the existence of a building scheme.
  • Advising on the enforceability of a right of way over agricultural land after sale.

Trusts of Land

Byroni’s property expertise makes her ideally suited to handle issues in relation to trusts of land.  She has experience in dealing with TOLATA claims and co-ownership disputes generally.

Recent work includes:

  • Advising in a complicated multi-party dispute concerning a beneficial joint tenant severing his share by assignment and the effect of Williams v Hensman 70 E.R. 862 (see related article)
  • Advising on the enforceability of a loan and effect of a charging order on a beneficial joint tenancy.
  • Representing a trustee in relation to a beneficial ownership dispute of a property.

Development & Planning

Byroni accepts instructions in all areas of  Planning Law. Byroni has experience in drafting statements of case in relation to appeals to the Planning Inspectorate and grounds of appeal to the High Court.

Recent work includes:

  • Advising in relation to permitted development.
  • Advising in relation to an appeal of an Enforcement Notice pursuant to section 174 of the TCPA 1990.
  • Advising as to the success of an appeal to the High Court by way of judicial review of a Planning Inspector’s decision.
  • Advising on the effect of a tree preservation order.

Qualifications

Law LLB, First Class (University of Reading)

BPTC, Very Competent (University of Law)

Provost’s Award for Excellence (University of Law)

Jules Thorne Scholarship (Middle Temple)

Access to the Bar Award (Middle Temple)

Professional Associations

  • Property Bar Association
  • PLA Contributing Author
  • Bar Pro Bono Unit
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