Joanna is Head of the Property Litigation department at Edwin Coe.
She deals with all types of property disputes including joint venture and conveyancing disputes, trespass, party wall and developer claims, professional negligence and rectification claims, the full range of landlord and tenant disputes encompassing breaches of covenant, forfeiture, insolvency, rent arrears, possession and service charge issues, business lease renewals and dilapidations claims. She advises on commercial, residential and mixed use schemes. Before joining Edwin Coe Joanna was a partner in a niche litigation practice called Maislish and Co which specialised in high-profile and heavyweight general commercial disputes. She has acted in company and partnership disputes, construction claims, libel, professional negligence and general contract claims. She therefore has an impressive breadth of experience to draw upon when advising property clients on their matters.
Whilst being assertive and tenacious, Joanna understands that the primary objective of a property client is usually to achieve the most commercially acceptable outcome given the practical requirements of their business and also the risks of litigation. This means that dispute avoidance is an important factor in initial advice. Where that does not resolve a dispute, then Joanna has considerable experience in alternative dispute resolution processes such as mediation, PACT, single expert determination and arbitration.
Clients range from substantial, high-profile Plc’s to small and medium sized businesses, private clients, charities and administrators of estates, coming from all areas of business and walks of life, including the media, publishing, property and construction, multiple national retailers, local authorities, individual property investors and all types of landlord and tenant.
The following provides an indication of some of the work undertaken by Joanna, who tends to advise on a very broad range of matters on a daily basis.
Breach of Option Agreement
Advising a charity on the failure by the purchaser of a nursery school under an option agreement to provide notice under an option to buy back the school. Bringing a claim for the difference between the sale price and the actual value of the property on the subsequent sale of the school.
Acting for claimants against property professionals in connection with the purchase and development of property. Advising on claims concerning construction professionals and claims against solicitors due to their failure to deal with landlord and tenant claims correctly. For example, serving adequate notices and to protect tenants’ right to renew in 1954 Act renewal cases.
Claims arising from defective (or the lack of) break notices served by both landlords and tenants or the failure to comply with conditions. Acting in professional negligence claims where solicitors have not advised correctly. Advising on claims for new business leases containing break rights on the grounds of redevelopment.
Property Purchase Issues
Claims involving misrepresentation and negligent misstatement in the purchase of property and the failure to complete.
Business Lease Renewals
Uncontested and contested applications for new tenancies including those opposed by landlords on various grounds and advising on the various tactical considerations, including in relation to interim rent and disrepair. Some parties are using proceedings as a negotiating tactic more than in the past.
Advising both landlords and tenants, including clients with substantial property holdings, on the full range of dilapidations issues including advice on avoiding claims and on supersession and diminution in value under section 18(1) of the Landlord and Tenant Act 1927.
Landlord/Developer Defect Claims
Advising in relation to several luxury new-build developments, with numerous substantial building defects. Issues as to the landlord/developer breaching the covenant of quiet enjoyment and derogating from the grant of leases by seeking to restrict amenity and subsume land in further development. Various planning issues arising.
Unreasonably withholding consent to assignment or subletting
Acting for landlords and tenants in cases where consent is sought for assignment or subletting. In one case the issue was whether a landlord could withhold consent on the basis that the premises were next door to the landlord’s head office and the proposed assignee was the Probation Service. In the end the assignment was permitted, but with concessions given as to how the premises would be used.
Numerous disputes concerning failure to comply with the provisions of the Party Wall etc. Act 1996, also disputes concerning farmers moving boundaries, problems with roadways and issues arising in relation to the creation of rights to light.
Developer/Joint Venture Disputes
Advising on legal rights and obligations between joint venture partners. One case concerned a claim for equitable relief arising from an estoppel.
+44 (0)20 7691 4034
Practice head Joanna Osborne leads from the front with an incisive mind, enormous enthusiasm and an unshakable resolve. ...
The Legal 500 2017
Acquisitions and sale of real estate
Party Wall Act
Breaches of Covenant
Construction Contract Claims
Insolvency of Landlords and Tenants
Member of the Law Society
Recommended in The Legal 500 2020
Member of Property Litigation Association
Member of Professional Negligence Lawyers Association
Member of Women in Property
Joanna Osborne is knowledgeable and a tenacious force to be reckoned with.
The Legal 500 2019
Practice head Joanna Osborne leads from the front with an incisive mind, enormous enthusiasm and an unshakable resolv...The Legal 500 2017
Edwin Coe LLP continues to grow its practice under the excellent Joanna Osborne.
The Legal 500 2016
The advice has always been straight forward and commercial - advice you can really use
Client Feedback Survey 2015
Edwin Coe LLP advises a variety of commercial and private clients. Joanna Osborne is recommended.
The Legal 500 2015
[Edwin Coe LLP] have a good understanding of our needs and service them withChambers UK 2014
knowledge and understanding of the...