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Swita Kothari

Senior Associate

Contact
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English, French

Swita is a Senior Associate in our Real Estate team with 13 years’ experience in all aspects of residential transactions. Since joining CMS in 2007, Swita has advised numerous commercial clients on their full range of residential property holdings, including but not limited to, initial structuring of PRS schemes, leasehold enfranchisement, sales and acquisitions for tenants and landlords, lettings and general management work. Swita is well known in the market place for her top quality advice on Central London landed estates work. She also works with our banking team advising on real estate aspects for residential property finance. Swita is a member of the Association of Women Solicitors and the Association of Leasehold Enfranchisement Practitioners (ALEP).

Swita is a member of a team which was nominated for residential legal team of the year at the ERMAs 2016 and is a recognised expert on the Right of First Refusal, having served in excess of 2000 Section 5 notices under the Landlord and Tenant Act 1987 in the last 24 months alone.

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Relevant experience

  • Swita was a key member of the team advising RBS West Register on the sale of its £210m residential portfolio to Apollo. This transaction involved the sale of over 1600 PRS Units and 150 ground rents requiring specialist advice on the Right of First Refusal under the Landlord and Tenant Act 1987. This deal was nominated for PRS Deal of the Year in the 2014 RESI Awards.
  • Swita is a key member of the Wellcome Trust team having acted for Wellcome in their acquisition of a PRS building for £60m, purchase of HMO assets and an ex-Armenian Church.
  • Swita is now part of a team advising clients on the latest reforms introduced by the Law Commission.
  • Swita has recently advised a large UK bank on the application of the Right of First Refusal under the Landlord and Tenant Act 1987 in connection with their funding of a residential tower in London for £200m.
  • Swita is a key member of the PRS team which has given training/workshops to top real estate investment and property finance clients on various aspects of PRS schemes.
  • Swita also advises property finance clients on various aspects of Assured Shorthold Tenancies, Company Lets, Tenancy Deposit requirements and Tenant Fees Act 2019.
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Education

  • 1998 – LLB Law and French Law, London
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Feed

21/07/2020
The Law Commission recommends a simpler, cheaper and more flexible approach...
The Law Commission published its reports on Leasehold Enfranchisement, Right to Manage (RTM) and Commonhold on 21 July 2020. This Law Now looks at some of the key recommendations in the Right to Manage...
21/07/2020
Law Commission Reform: Buying your freehold or extending your lease
The Law Commission has now published its long-awaited further report on reforming Leasehold Enfranchisement. This is one of three reports published on 21 July which forms part of the Law Com­mis­sion’s...
21/07/2020
Law Commission Report on proposed changes to Commonhold
Summary On 21 July 2020 the Law Commission published its reports on Leasehold Enfranchisement, Right to Manage and Commonhold. The common theme in all three reports is to make each process simpler, quicker...
20/03/2020
Protection for tenants in social or private rented residential accommodation...
Summary There will be emergency legislation to suspend new evictions from social or private rented residential accommodation during the COV­ID-19/coronavir­us national emergency. No new possession proceedings...
28/06/2019
Major changes proposed to leasehold houses, ground rents and other matters 
In December 2017, the Government announced it would tackle unfair practices in the residential leasehold market by introducing legislation to prohibit new residential long leases from being granted on...
12/06/2019
CMA launches investigation into the leasehold housing market
The Competition and Market Authority (CMA) has launched an investigation into breach of consumer protection laws in respect of the leasehold housing market. The investigation, which was launched on 11...
29/01/2019
A new Housing Complaint Resolution Service for the entire housing market
As part of their commitment to make the property market fairer and more transparent, the Government announced last week a new Housing Complaint Resolution Service for the entire housing market. The new...
10/10/2017
Landlord’s block policy insurance costs forming part of service charge...
The case of Cos Services Ltd v Nicholson and Willans [2017] UKUT 382 (LC) (3 October 2017) is a useful reminder to landlords of residential property that a routine renewal of a block insurance policy...
22/06/2017
Council of Mortgage Lenders to issue guidance to lenders following ground...
The Council of Mortgage Lenders (CML) has confirmed that it will shortly be issuing guidance on how to handle the much publicised ground rent scandal. The scandal relates to newbuild houses and flats...
22/06/2017
Government offers no cost cladding checks in wake of Grenfell Tower fire
The Department for Communities and Local Government (“DCLG”) is offering to test the cladding of private residential blocks in England. This is due to the public concern about problems with the type...
07/03/2017
Trivial defects in right to manage
The Court of Appeal came to the rescue of an RTM Company in respect of “trivial defects” made when exercising the right to manage in the recent case of Elim Court RTM Co Ltd v Avon Freeholds Limited...
05/12/2016
What is the London Plan for Resi?
The London housing market is at the top of the agenda for the London Mayor. Not surprising therefore that his review of the London Plan has specific focus on affordable housing and, in September 2016...