Spring Newsletter 2024

May 3, 2024

Spring (finally) seems to be upon us, and with that comes new beginnings. We are delighted to be able to announce that this month Chloe Sheridan (2015) returned to Chambers following an extended period of parental leave and Lorenzo Leoni (2023) begins the practising period of his pupillage having successfully completed his first six months under the supervision of Carl Fain and Sam Madge-Wylde. Do join us in extending a warm welcome to Chloe and Lorenzo.

Recent cases and articles

The first quarter of the year has been marked by a large number of important and interesting decisions.

Carl Fain represented the successful Appellant in Mackenzie V Cheung [2024] EWCA Civ 13in which the Court of Appeal held that an estate owner with the benefit of a restrictive covenant preventing the construction of more than one dwelling on a plot was entitled to license further development on the plot under the terms of the deed, which provided that the estate owner had “the right to allow a departure from them [the covenants] in any one or more cases”.

In Blackhorse Investments (Borough) Limited v The London Borough of Southwark [2024] UKUT 33 (LC), Philip Rainey KC successfully acted for the London Borough of Southwark in setting aside parts of an order made under section 84 of the Law of Property Act 1925 modifying covenants contained in a lease. The order was not one that the Tribunal had the power to make as the covenants (to keep open, to use as a licensed victualling house only, and restricting alienation) were either positive covenants or were not restrictive of user.

In Daejan Investments Ltd v Collins [2024] UKUT 26 (LC) Nicola Muir and Mark Lovedayappeared for the Appellant and Respondent respectively in a leasehold enfranchisement case. The Upper Tribunal rejected the use of Savills tables for the value of ‘Act’ rights under the Mundy approach. Instead, it provided an updated table for the value of rights which it commended for future use in valuations.

There have also been a number of recent developments in the Building Safety Act arena. First, judgment in Triathlon Homes LLP [2024] UKFTT 26 (PC) was handed down on 19 January 2024, in which extremely helpful guidance was provided about how the First-tier Tribunal should approach the making of Remediation Contribution Orders. Timothy Polli KCprovided written submissions on behalf of East Village Management Ltd.

You can find all of our recent articles posted on our website here, or on our BSA Hub or Leasehold and Freehold Reform Hub.

Events

Tanfield’s “Follow up day with the BSA” held on 7th February 2024 was another sell-out event. You can find a copy of the programme here. If you would like to purchase a copy of the recordings and handouts for £100 + VAT, please contact Libby Sampson-Shaw.

We are looking forward to hosting our annual property conference on the 4th June 2024, which this year is entitled “Protecting your client’s investment – must know developments in property law”. The speakers will be covering a variety of topics including rights of parking, LTA 1987, enfranchisement, a deep dive into the Supreme Court Case of A1 Properties (Sunderland) Ltd (Appellant) v Tudor Studios RTM Company Ltd and much more. Tickets are now available for purchase at £150 + VAT, so book now to secure your place.

Awards and appointments

We are pleased to announce that Andrew Butler KC has been elected as Joint Head of Chambers, working alongside Philip Rainey KC.

Andrew Butler KC says: “I am delighted to have been elected Joint Head of Chambers. Under the inspirational leadership of Philip Rainey KC, Tanfield’s profile has grown enormously in recent years. I look forward to working with him, and our very talented and committed team of barristers and staff, to continue our development.”

Tanfield is also pleased to announce that Katie Gray has been appointed as Deputy District Judge on the Midland Circuit to sit within the Civil Jurisdiction.

Other news

In very exciting news, The Law Society has published “Building Safety Act 2022, A guide for property lawyers” (1st edition). Written by a team of barristers at Tanfield and edited by Joint Head of Chambers, Andrew Butler KC and Ian Quayle of IQ Legal Training, the text provides a practical guide to the Act and focuses on key issues for property lawyer.

As regards leasehold and freehold reform, the third version of the Leasehold and Freehold Reform Bill was published on 28 February 2024. Piers Harrison spoke at the ALEP conference on 12 March 2024 on its ramifications and on 18 January 2024 Philip Rainey KCgave evidence to the Public Bill Committee on the draft. You can find more articles and information on this topic on our Leasehold and Freehold Reform Hub.