Mark Loveday

Residential landlord & tenant

The bulk of Mark’s work is in the residential field.

He is regularly instructed in complex leasehold enfranchisement management and service charge claims by leaseholders, management companies, government developers and landlords.

Examples of recent leasehold management work include:

• Appearing in the Court of Appeal for the tenants of a flat in London’s Holland Park in what is believed to be the largest individual service charge dispute to come before the tribunals.
• Representing leaseholders (including a celebrity beauty mogul) in tribunal enfranchisement proceedings relating to a house in Notting Hill Gate.
• Appearing in the Court of Appeal for a right to manage company which upheld important rights enjoyed by shared ownership leaseholders.
• Intervening in the Supreme Court in proceedings which gave general guidance on the legal test to be applied for compliance with property statutes.
• Appearing in the Upper Tribunal for the landlord in a complex service charge re-apportionment involving mixed-use premises in St Albans.
• Advising a developer about applications to the First-tier Tribunal for dispensation under s.20ZA Landlord and Tenant Act 1985 in relation to energy infrastructure.
• Representing lessees in Liverpool seeking to acquire the Right to Manage.
• Advising on certificates, cladding and service charge issues arising from the Building Safety Act 2022.
• Drafting applications for acquisition orders under the Landlord and Tenant Act 1987.
• Successfully appearing for the lessee-owned freeholders of an estate in East London in a lengthy tribunal application for the appointment of a manager.
• Advising the Secretary of State on provisions in the Leasehold and Freehold Reform Act 2024 and appearing in High Court judicial review challenges to the Act.

Featured cases

• R (on the application of ARC Time Freehold Trust and others) v Secretary of State for Housing, Communities and Local Government [2025] EWHC 211 (Admin) – Leasehold and Freehold Reform Act 2025 – compatibility with A1P1 European Convention on Human Rights – permission to pursue judicial review applications

Notable cases

• A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd, Association of Leasehold Enfranchisement Practitioners intervening [2024] UKSC 27: non-compliance with statutory requirement in property statute – proper approach to  be adopted – notice of claim to exercise the right to manage – failure to serve on intermediate landlord.
• Daejan Investments Ltd v Collins [2024] UKUT 26 (LC): Leasehold enfranchisement – premium – improvements – value of precarious rights – comparables – post-valuation date evidence – relativity – value of Act rights.
• 89 Holland Park Management Ltd v Dell [2023] EWCA Civ 1460: Service charges – interpretation – recovery of litigation costs relating to adjoining land – recovery of planning costs.
• Hawk Investment Properties Limited v Eames and others [2023] UKUT 168 (LC); [2023] PLSCS 129: Apportionment – effect of section 27A(6) of the Landlord and Tenant Act 1985 – standard of review to be applied to a determination by a Landlord’s surveyor of a new method of apportionment pursuant to the lease.
• Avon Ground Rents v Canary Gateway (Block A) RTM Management Company [2023] EWCA Civ 616: Right to Manage – shared ownership leases.
• Assethold Ltd v The lessees of Flats 1-14 Corben Mews [2023] UKUT 71 (LC): Landlord And Tenant – Service Charges – estimated service charges – insurance valuation costs – fire safety works.
• Assethold Ltd v Adam and others [2022] UKUT 282 (LC): Service Charges – whether reasonably incurred – costs of a waking watch – landlord following professional advice – rationality and reasonableness – section 19(1) of the Landlord and Tenant Act 1985.
• FirstPort Property Services v Settlers Court RTM Co [2022] UKSC 1: Right to Manage – whether RTM company acquires rights to manage communal areas of an estate.
• Dell v 89 Holland Park Management Ltd [2022] UKUT 169 (LC): Service charges – interpretation – recovery of litigation costs relating to adjoining land – recovery of planning costs.
• Avon Ground Rents v Canary Gateway (Block A) RTM Management Company [2020] UKUT 0358 (LC): Right to Manage – shared ownership leases – service of Notice of Invitation to Participate”
• Trimnell-Richard v Tuffley [2018] UKUT 150 (LC): Breach of covenant – Damage to property – Party walls – Reasons.
• Clarise v Rees [2017] EWCA Civ 1135: Landlord and Tenant – Enfranchisement – Ground Rent – Interpretation – Long Leases – Rent Reviews – Valuation – Leasehold Reform Act 1967 ss.9(1) and s.15.
• Avon Ground Rents v 51 Earls Court Square RTM Company [2016] UKUT 1221 (LC): Right to Manage – description of premises in company’s articles of association – whether a self-contained building – whether an RTM company – interpretation of articles – Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002.
• Greenpine Investment Holding Ltd v Howard de Walden [2016] EWHC 1923 (Ch): Collective enfranchisement – Commonhold and Leasehold Reform Act 2002 s.48(1) – “term of acquisition” – solicitor’s undertakings to complete.
• Clarise v Rees [2014] UKUT 394 (LC): Leasehold enfranchisement – construction of lease – rent review to ‘modern ground rent’.
• London Sephardi Trust v John Lyons Estate [2015] UKUT 619 (LC): Leasehold enfranchisement – house –Leasehold Reform Act 1967 s.9(1AA) – valuation of leases which have previously been extended under the Act – Housing and Planning Act 1986 s.23(1).
• Fairfield Rents v Nemcova (LON/00AK/LBC/2015/0027): Breach of covenant – use “as a private residence” – short term lettings – Air BnB.
• Alamouti v John Lyons Estate [2014] UKUT 0087 (LC): Leasehold enfranchisement – collective enfranchisement – development – valuation.
• Jackson v John Lyons Estate [2013] UKUT 052 (LC): Leasehold enfranchisement – development – price comparisons – valuation.
• Kutchukian v John Lyons Estate [2013] EWCA Civ 90: Leasehold enfranchisement – development value – statutory break clause under LRHUD 1993 s.61 and Sch 14.

Appointments

• Member, Tribunal Procedure Committee
• Judge of the First-tier Tribunal (Property Chamber)

Publications

Books

• General Editor, Service Charges & Management (5^th Edition, 2022), Sweet & Maxwell
• Editor, Rent Review: A Surveyor’s Handbook (RICS) (2008)
• Co- editor: The Electronic Communications Code – a practical guide (2nd edition 2023) (Legal Brief Publishing)

Articles

• “A Shift in Approach in Rent Repayment Orders” (L&T Review – Vol.25 No.5 (2021)
• “Building safety charges: The new law” News on the Block , September 2020
• “Double hatting in the First-tier Tribunal (Property Chamber)”, News on the Block , April 2020
• “Transparency Is Key When Incurring Costs”, Estates Gazette, 25 November 2017
• “Damages for landlord default in long residential leases” (L. & T. Review – Vol.20 No.3 (2016)

Journalism

• Newspaper column: “Ask the Expert” in the Times newspaper (2007-to date)
• Monthly Legal Update for members of Institute of Residential Property Managers

Qualifications

• FIRPM
• BA (Hons)

Memberships

• Association of Leasehold Enfranchisement Practitioners (Advisory Committee)
• Property Bar Association

Awards

• Shortlisted, Property & Housing Junior of the Year, Legal 500 Bar Awards (2023)
• Barrister of the Year, Enfranchisement & Right to Manage Awards (2022)
• Barrister of the Year, Property Management Awards (2012)
• Barrister of the Year, Residential Management Awards (2011)

Languages

• English
• Italian

Testimonials

Mark is amazing. His enthusiasm for everything really shines through and you can tell he loves his work, which wins the client’s confidence extremely quickly.” “Mark’s advocacy is very strong. He really keeps control of the cross-examination when witnesses are trying to derail it.” “Mark is strong in the field of leasehold enfranchisement. He’s an excellent advocate, providing high-quality written work in terms of statements of case, witness statements and skeleton arguments.” Chambers UK 2025

“Mark is extraordinarily bright. He is a delight to work with and a team player” Legal 500 2025

“Mark is very strong counsel.”Chambers UK 2024

“His written opinions are excellent and he is practical and commercial.” Chambers UK 2024

“What Mark doesn’t know about service charges is not worth knowing; he is the oracle. He is incredibly hardworking, responsive and is considered and commercial in his approach. He is a tenacious advocate and a pleasure to work with.”Legal 500 2024

“Mark has the commerciality to see the way through matters. He is able to look at the impact for the clients in the commercial arena.” Chambers UK 2023

“The go-to barrister for service charge disputes, Mark’s knowledge of this area is second to none. As well as being exceptionally bright, he is commercial and practical. Extremely thorough in both his advice and preparation for trial, his advocacy is tenacious and whilst steely in cross-examination, he always remains courteous.” Legal 500 2023

“He gives clear and pragmatic advice and is an excellent tribunal advocate.” Chambers UK 2022

“Mark is an approachable, user friendly barrister who is able to work at a number of different levels. His range of knowledge and experience in relation to enfranchisement and also service charge matters is impressive. He comes over very well with clients and is also highly responsive and sharp.” Legal 500 2022

“A recognised specialist in leasehold enfranchisement matters. A pleasure to work with.” Chambers UK 2021

“He is technically very strong and experienced, enhanced by his role as a Tribunal Judge on the Southern Panel.” Legal 500 2021 

“Thorough and approachable in all residential landlord and tenant matters.” “Very experienced and able to give a well thought out and reasoned opinion on complex matters of property law.” Chambers UK 2020

“He is a very reliable junior.” Legal 500 2020 (Property Litigation)

“Exceptionally helpful and knowledgeable, providing quality written advice and strong advocacy skills.” Legal 500 2016

“He is very technically able in a complicated area of law.” Chambers UK 2016