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Carl Fain#1453

Carl Fain

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes.

Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

Contributed to

124

A and B are joint owners of the freehold of a building. There are two flats; A is the tenant of one and B the tenant of the other. A serves a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. However, A and B cannot agree the terms of the section 45 counternotice. Can B sign it alone? If not, how can the landlord protect its position?
A and B are joint owners of the freehold of a building. There are two flats; A is the tenant of one and B the tenant of the other. A serves a notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993. However, A and B cannot agree the terms of the section 45 counternotice. Can B sign it alone? If not, how can the landlord protect its position?
Q&As
A commercial tenant has left goods behind. Is the landlord entitled to charge for the costs of supervising the tenant collecting the items?
A commercial tenant has left goods behind. Is the landlord entitled to charge for the costs of supervising the tenant collecting the items?
Q&As
A company proposes to enter into a legal charge. The charge will be executed by the company acting by a director in the presence of a witness. If an employee of that company witnesses the director’s signature, will the company’s execution of the charge be valid?
A company proposes to enter into a legal charge. The charge will be executed by the company acting by a director in the presence of a witness. If an employee of that company witnesses the director’s signature, will the company’s execution of the charge be valid?
Q&As
A freeholder divides one piece of land into two and grants leases to two different tenants (not necessarily at the same time). During the tenancies there is a slight encroachment by one onto the other’s demise. The lease of the encroached on land expires and the tenant vacates. From point of view of the tenant encroaching on land, it is presumed that the additional land is being used as part of their demise. Would this presumption still apply when the freeholder’s land was also leased, ie the freeholder’s interest is unaffected by the other tenant's encroachment up until the point the previous lease expired?
A freeholder divides one piece of land into two and grants leases to two different tenants (not necessarily at the same time). During the tenancies there is a slight encroachment by one onto the other’s demise. The lease of the encroached on land expires and the tenant vacates. From point of view of the tenant encroaching on land, it is presumed that the additional land is being used as part of their demise. Would this presumption still apply when the freeholder’s land was also leased, ie the freeholder’s interest is unaffected by the other tenant's encroachment up until the point the previous lease expired?
Q&As
A is selling two pieces of adjoining land to B and to C. B will need access to C’s land to maintain and repair the boundary. Is a reserved right of access in the transfer from A to C if A then sells the retained land to B—sufficient to achieve this for B or is there a better way to ensure that B and its successors have this right?
A is selling two pieces of adjoining land to B and to C. B will need access to C’s land to maintain and repair the boundary. Is a reserved right of access in the transfer from A to C if A then sells the retained land to B—sufficient to achieve this for B or is there a better way to ensure that B and its successors have this right?
Q&As
A is the owner of a property and has granted an option to purchase to B. The option has been noted on the title at the Land Registry. A subsequently also granted an option to purchase to C which has also been noted at the Land Registry with the intention that C would exercise its option if B's option lapsed. B's option is due to expire in one month. If A varies B's option to extend the option period, will this operate to keep B first in the queue as it were and frustrate C's ability to acquire the property free of B's option?
A is the owner of a property and has granted an option to purchase to B. The option has been noted on the title at the Land Registry. A subsequently also granted an option to purchase to C which has also been noted at the Land Registry with the intention that C would exercise its option if B's option lapsed. B's option is due to expire in one month. If A varies B's option to extend the option period, will this operate to keep B first in the queue as it were and frustrate C's ability to acquire the property free of B's option?
Q&As
A landlord and tenant of a Landlord and Tenant Act 1954 lease have agreed terms for a new lease with a reduced rent. Is there any issue with the tenant not making an interim rent application until after completion of the renewal lease?
A landlord and tenant of a Landlord and Tenant Act 1954 lease have agreed terms for a new lease with a reduced rent. Is there any issue with the tenant not making an interim rent application until after completion of the renewal lease?
Q&As
A landlord and tenant wish to vary a lease of a flat. Does the original management company need to enter into the deed of variation with the landlord and tenant if it no longer manages the site and it has transferred its obligations under the lease to a right to manage company under the Commonhold and Leasehold Reform Act 2002?
A landlord and tenant wish to vary a lease of a flat. Does the original management company need to enter into the deed of variation with the landlord and tenant if it no longer manages the site and it has transferred its obligations under the lease to a right to manage company under the Commonhold and Leasehold Reform Act 2002?
Q&As
A landlord constructs additional apartments in the airspace above an existing block of apartments. Since the construction work there have been issues of water ingress into flats below. Can the landlord recover the costs of repairing the roof through the service charge if the cause of the water ingress is their own construction work?
A landlord constructs additional apartments in the airspace above an existing block of apartments. Since the construction work there have been issues of water ingress into flats below. Can the landlord recover the costs of repairing the roof through the service charge if the cause of the water ingress is their own construction work?
Q&As
A landlord granted a 12-month assured shorthold tenancy (AST) in 2012 which is now a statutory periodic tenancy. The landlord holds the deposit, however, it was not protected and no prescribed information was sent. What steps need to be taken to enable the landlord to now recover possession?
A landlord granted a 12-month assured shorthold tenancy (AST) in 2012 which is now a statutory periodic tenancy. The landlord holds the deposit, however, it was not protected and no prescribed information was sent. What steps need to be taken to enable the landlord to now recover possession?
Q&As
A landlord leases a building which comprises a number of flats and a basement to a housing association. The flats are let on assured shorthold tenancies (ASTs), the basement has its own separate access and there are common parts to the building, ie stairways and halls. Would the housing association's lease be protected under Part II of the Landlord and Tenant Act 1954?
A landlord leases a building which comprises a number of flats and a basement to a housing association. The flats are let on assured shorthold tenancies (ASTs), the basement has its own separate access and there are common parts to the building, ie stairways and halls. Would the housing association's lease be protected under Part II of the Landlord and Tenant Act 1954?
Q&As
A landlord served a section 8 notice under the Housing Act 1988 and subsequently sold the property. Can the purchaser bring possession proceedings relying on the section 8 notice served by the previous landlord if the tenant has not remedied the breach?
A landlord served a section 8 notice under the Housing Act 1988 and subsequently sold the property. Can the purchaser bring possession proceedings relying on the section 8 notice served by the previous landlord if the tenant has not remedied the breach?
Q&As
A landlord wants to issue proceedings to recover possession of their property due to rent arrears. If under a statutory periodic tenancy the rent was increased but the prescribed notice was not served, can the tenant issue a counterclaim to recover the overpaid rent?
A landlord wants to issue proceedings to recover possession of their property due to rent arrears. If under a statutory periodic tenancy the rent was increased but the prescribed notice was not served, can the tenant issue a counterclaim to recover the overpaid rent?
Q&As
A landlord wishes to re-enter a residential property, following the death of the tenant. How can a form of rent demand notice (under section 166 of the Commonhold and Leasehold Reform Act 2002) be served where no personal representatives have been appointed?
A landlord wishes to re-enter a residential property, following the death of the tenant. How can a form of rent demand notice (under section 166 of the Commonhold and Leasehold Reform Act 2002) be served where no personal representatives have been appointed?
Q&As
A lease provides for the tenant not to transfer the whole property without the prior written consent of the landlord (not to be unreasonably withheld or delayed). Can the landlord insist on the form of consent being issued via deed (a licence to assign) as opposed to a letter of consent?
A lease provides for the tenant not to transfer the whole property without the prior written consent of the landlord (not to be unreasonably withheld or delayed). Can the landlord insist on the form of consent being issued via deed (a licence to assign) as opposed to a letter of consent?
Q&As
A long commercial lease at a peppercorn rent (being a new lease under the Landlord and Tenant (Covenants) Act 1995) provides that the only pre-requisite for the landlord to grant a licence to assign to the tenant is for the assignee to provide a deed of covenant. Would the landlord be acting unreasonably if it requested that the assignor enter into an authorised guarantee agreement where the assignee is an offshore company?
A long commercial lease at a peppercorn rent (being a new lease under the Landlord and Tenant (Covenants) Act 1995) provides that the only pre-requisite for the landlord to grant a licence to assign to the tenant is for the assignee to provide a deed of covenant. Would the landlord be acting unreasonably if it requested that the assignor enter into an authorised guarantee agreement where the assignee is an offshore company?
Q&As
A long lease of a flat contains no provision for a sinking fund and the landlord has requested the tenants' consent to vary the leases in the building order to introduce a sinking fund clause. Should the tenant agree to the lease being varied and what should one require/watch out for in terms of the sinking funds clause? Alternatively, what basis could one cite for refusing to agree to the variation of the lease?
A long lease of a flat contains no provision for a sinking fund and the landlord has requested the tenants' consent to vary the leases in the building order to introduce a sinking fund clause. Should the tenant agree to the lease being varied and what should one require/watch out for in terms of the sinking funds clause? Alternatively, what basis could one cite for refusing to agree to the variation of the lease?
Q&As
A mortgagee repossessed and sold a property that was subject to (1) an equitable charge registered in the charges register and (2) a unilateral notice relating to a failure to complete a sale contract and the deposit paid under it. The mortgagee paid the surplus proceeds of sale into court. Who is entitled to claim the proceeds and what is the process for doing so?
A mortgagee repossessed and sold a property that was subject to (1) an equitable charge registered in the charges register and (2) a unilateral notice relating to a failure to complete a sale contract and the deposit paid under it. The mortgagee paid the surplus proceeds of sale into court. Who is entitled to claim the proceeds and what is the process for doing so?
Q&As
A notice of intention to sell goods under the Torts (Interference with Goods) Act 1977 must give at least three months’ notice ‘if any amount is payable in respect of the goods by the bailor to the bailee, and became due before giving of the notice’ (Sch 1, para 6(3)). In what situations is this likely to apply?
A notice of intention to sell goods under the Torts (Interference with Goods) Act 1977 must give at least three months’ notice ‘if any amount is payable in respect of the goods by the bailor to the bailee, and became due before giving of the notice’ (Sch 1, para 6(3)). In what situations is this likely to apply?
Q&As
A qualifying lease was assigned to a tenant in October 2019 but due to difficulties the registration is still pending. Can the tenant participate in a section 13 notice served under the Leasehold Reform, Housing and Urban Development Act 1993?
A qualifying lease was assigned to a tenant in October 2019 but due to difficulties the registration is still pending. Can the tenant participate in a section 13 notice served under the Leasehold Reform, Housing and Urban Development Act 1993?
Q&As
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Practice Areas

Panel

  • Q&A Panel

Qualified Year

  • 2001

Membership

  • Property Bar Association
  • Chancery Bar Association

Education

  • MA (Oxon), The Queens College, Oxford
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