Rachel Fitzgerald

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Rachel FitzGerald

Senior Associate Property Litigation

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About Rachel

Expertise Down arrow

Rachel is an experienced real estate litigation lawyer. She provides strategic, commercial advice to her clients. Her practice has a focus on commercial landlord and tenant matters, including renewals opposed under the Landlord and Tenant Act 1954, breach of covenant, including dilapidations, forfeiture, rent reviews, landlord consent applications and service charge disputes.

Rachel is also experienced in effectively recovering lease debt from tenants. She is frequently instructed to deal with vacant possession strategies in redevelopment matters covering both residential and commercial tenancies, including breaks, surrender, forfeiture and residential notices under sections 21 and 8 of the Housing Act 1988 followed by court proceedings.

Her experience in development strategies also spans rights of lights, telecom code agreements, restrictive covenants (including applications under section 84 of the Law of Property Act 1925), easements (including public rights of way), squatters, trespass and adverse possession (including making and responding to HM Land Registry applications).

She advises on contract disputes, including delays in completing sales and agreements for lease, overage, option and pre-emption agreements. Often, this area of her practice includes an element of professional negligence. She deals with applications to HM Land Registry to deal with the rectification of the register, including where property has been fraudulently charged.

Rachel works closely with her insolvency colleagues to provide practical advice following either landlord or tenant insolvency, including dealing with guarantors, liquidations and administrations.

Alongside her commercial practice, Rachel assists residential clients with neighbour disputes, as well as Access to Neighbouring Land Act 1996, Party Wall Act, etc 1996, private nuisance and Japanese knotweed matters. She has a strong track record of achieving a resolution for clients in challenging and heated disputes.

Experience Down arrow

  • Successfully settling at mediation a complex neighbour dispute with elements of a boundary despite, proprietary estoppel, professional negligence, trespass, mistake, private nuisance and breach of covenant.
  • Acting for a landlord in securing possession of a property subject to a lease protected under the Landlord and Tenant Act 1954 without the need for the matter to be determined at trial.
  • Assisting a freehold client to obtain vacant possession of a large commercial property which was subject to a number of unlawful sub-occupiers.
  • Acting for a group of long leaseholders in their release of rights of light in advance of a neighbouring development.
  • Advising a freehold residential client on the extent and enforceability of their freehold restrictive covenants in the context of a neighbour dispute.

Endorsements Down arrow

Member of the Property Litigation Association.

Dual qualified Republic of Ireland and England and Wales.

Testimonials

  • Rachel Fitzgerald is bright and energetic and works hard to get the best outcome for her clients.

    Legal 500, 2025