Carl Fain#1453

Carl Fain

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

131

What is the deadline for a landlord to issue an interim rent application where the new lease has been
What is the deadline for a landlord to issue an interim rent application where the new lease has been
Q&A

This Q&A looks at whether a landlord may make an interim rent claim after the new lease has been completed and after the tenant has discontinued the renewal claim (where that included an interim rent claim).

What is the effect of an unlawful subletting for a fixed term, granted at a time when the lease is being
What is the effect of an unlawful subletting for a fixed term, granted at a time when the lease is being
Q&A

This Q&A looks at the effect of the grant of a sublease for a fixed term by a tenant who is holding over under the Landlord and Tenant Act 1954.

What is the procedure for coming off the record in respect of First-tier Tribunal (Property Chamber)
What is the procedure for coming off the record in respect of First-tier Tribunal (Property Chamber)
Q&A

This Q&A looks at the process for a representative in the First-tier Tribunal (Property Chamber) who has ceased acting for a party to come off the record.

What notice would be required to evict an occupier living in a caravan belonging to the landlord and
What notice would be required to evict an occupier living in a caravan belonging to the landlord and
Q&A

This Q&A considers the necessary procedure to evict an occupier living in a caravan belonging to a landlord on private property without formal written agreement.

When a Landlord and Tenant Act 1954 protected tenant has served notice on the freeholder and issued
When a Landlord and Tenant Act 1954 protected tenant has served notice on the freeholder and issued
Q&A

This Q&A considers a situation where a Landlord and Tenant Act 1954 protected tenant has served notice on the freeholder, issued proceedings for a new lease and the freehold is then sold, and whether the new freeholder, who now wants to develop, can serve a notice to end the tenancy or they have to defend the court proceedings in order to obtain possession.

When drafting notices of the right of first refusal for the transfer of an estate containing three blocks
When drafting notices of the right of first refusal for the transfer of an estate containing three blocks
Q&A

This Q&A considers the difficulty caused on sale of an estate of multiple blocks and common parts that is caught by the Landlord and Tenant Act 1987, because of the need to sever a transaction so that each building is dealt with separately.

Where (i) one of five joint tenants under a fixed term assured shorthold tenancy gives notice to the
Where (i) one of five joint tenants under a fixed term assured shorthold tenancy gives notice to the
Q&A

This Q&A considers whether, where one of five joint tenants under a fixed term assured shorthold tenancy gives notice to the landlord of that individual's intention to vacate the property on the expiry of the term, but the other tenants intend to remain, this ends the tenancy.

Where a building scheme exists, and the original developer is still in existence, can the plot owners
Where a building scheme exists, and the original developer is still in existence, can the plot owners
Q&A

This Q&A considers whether restrictive covenants can be enforced by a developer of a building scheme.

Where a commercial tenant is in occupation without written agreement, are there any implied rights of
Where a commercial tenant is in occupation without written agreement, are there any implied rights of
Q&A

This Q&A considers whether the landlord of a property with a commercial tenant in occupation without written agreement has any implied rights of access to conduct a ground report.

Where a freehold subject to a long lease of non-domestic property is sold, is an energy performance
Where a freehold subject to a long lease of non-domestic property is sold, is an energy performance
Q&A

This Q&A considers whether an energy performance certificate is necessary where a freehold subject to a long lease of non-domestic property is sold.

Where a landlord gives consent for the installation of wooden floors, and is therefore unable to enforce
Where a landlord gives consent for the installation of wooden floors, and is therefore unable to enforce
Q&A

This Q&A considers whether when a landlord gives consent for the installation of wooden floors, and is therefore unable to enforce a covenant to keep the floors carpeted (per Faidi v Elliot Corporation), the landlord or another tenant can take action if the installation works were not done correctly, causing noise for the tenant below?

Where a landlord has leased land but has then erected temporary structures on that land, does that amount
Where a landlord has leased land but has then erected temporary structures on that land, does that amount
Q&A

This Q&A looks at whether a landlord placing temporary structures on demised land may amount to forfeiture.

Where a landlord has received notice under section 5 of the Leasehold Reform Act 1967 for its tenant to
Where a landlord has received notice under section 5 of the Leasehold Reform Act 1967 for its tenant to
Q&A

This Q&A considers to whom a landlord should address the counternotice upon the death of the tenant when the landlord has received a notice under section 5 of the Leasehold Reform Act 1967.

Where a lease contains a description of the demised premises along with a plan of the demised premises
Where a lease contains a description of the demised premises along with a plan of the demised premises
Q&A

This Q&A considers the position where a lease or conveyance fails to identify the weight to be given to an attached plan.

Where a long residential lease is extended under section 56 of the Leasehold Reform Housing and Urban
Where a long residential lease is extended under section 56 of the Leasehold Reform Housing and Urban
Q&A

This Q&A considers whether the HM Land Registry will require lender consent to be submitted in order for a lease extension under LRHUDA 1993, s 56 to be registered.

Where a management company is party to the lease or transfer of part for a newbuild property, does the
Where a management company is party to the lease or transfer of part for a newbuild property, does the
Q&A

This Q&A considers whether the management company needs to sign the plan where it is party to the lease or transfer of part for a new build property.

Where a notice under section 25 of the Landlord and Tenant Act 1954 is served but is defective, does the
Where a notice under section 25 of the Landlord and Tenant Act 1954 is served but is defective, does the
Q&A

This Q&A considers if, when a defective notice under section 25 of the Landlord and Tenant Act 1954 is served, a tenant's agreement to extend the deadline to issue proceedings validate an invalid notice.

Where a notice under section 5 of the Landlord and Tenant Act 1987 must specify ‘a further period of not
Where a notice under section 5 of the Landlord and Tenant Act 1987 must specify ‘a further period of not
Q&A

This Q&A looks at the period of time to be specified for nomination of the purchaser in a notice under section 5A of the Landlord and Tenant Act 1987.

Where a notice was defectively served under section 42 of the Leasehold Reform, Housing and Urban
Where a notice was defectively served under section 42 of the Leasehold Reform, Housing and Urban
Q&A

This Q&A considers when a tenant can serve a section 42 notice under LRHUDA 1993.

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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