Mark is a Partner in the firm's Real Estate Dispute Resolution group, practising in all areas of commercial and residential property law. He has extensive court experience both at trial, on appeal and in relation to applications for injunctive relief.
He has recently acted:
- at trial for the successful claimant in Hush Brasseries Limited v RLUKREF Nominees (UK) One Limited & ors, which addressed whether the court has jurisdiction to grant relief from forfeiture in relation to an option.
- at trial for the successful claimant in the case of Davies-Gilbert v Goacher & ors which concerned the reasonableness of a refusal to grant consent under a restrictive covenant;
- on a pro bono basis for the appellant in the Court of Appeal in Kowalek & ors v Hassanein Ltd which concerned the quantum of rent repayment orders; and
- in multiplesuccessful applications for interim injunctions for tenants, where their landlords had forfeited their leases by peaceable re-entry for non-payment of rent.
He has previously acted:
- for the successful claimants in a six-day possession trial, which dealt with both proprietary estoppel and constructive trust defences, as well the cross-examination of ten witnesses of fact;
- in London Kendal Street No 3 Ltd v Daejan Investments Ltd which were opposed lease renewal proceedings where the landlord was opposing on redevelopment grounds;
- for the successful claimant in Vivienne Westwood Limited v Conduit Street Developments Limited which considered the law of penalties in a landlord and tenant context; and
- for the successful claimant in Minerva (Wandsworth) Limited v Greenland Ram (London) Limited which concerned a high-value overage dispute.
He has also had previous successes at trial in the fields of both rights of light and estate agency commissions.
In addition to representing clients in live proceedings, Mark also provides strategic advice on a range of property management related matters, including: business lease renewals (both opposed and unopposed and from a landlord and tenant perspective), dilapidations (whether interim or terminal), forfeiture (including relief applications), arrears recovery, applications for consent to assign/underlet and property related insolvency issues. He has particular expertise in advising serviced office sector clients on these issues. He also provides strategic to third-party developer clients in relation to the effect of real property issues and third-party rights upon their future development plans.
Mark is also at home in a residential law context and has particular expertise in relation to tenant's rights of first refusal, as well as real property and private nuisance disputes between neighbouring landowners.
- Successfully acting for the claimant in the case of Hush Brasseries Limited v RLUKREF Nominees (UK) One Limited & ors in November 2022, which addressed whether the court has jurisdiction to grant relief from forfeiture in relation to an option;
- Successfully acting for the claimant in the case of Davies-Gilbert v Goacher & ors which dealt with the reasonableness of the claimant's refusal to grant consent, under a restrictive covenant, to an application by the defendants who wished to construct two properties on their burdened land. Following a six-day trial, which involved the cross-examination of both factual and expert witnesses, HHJ Jackson concluded that the claimant's refusal was reasonable;
- Acting on a pro bono basis for the appellant in the Court of Appeal in the case of Kowalek & ors v Hassanein Ltd which concerned the quantum of rent repayment orders;
- Successfully acting for three claimants seeking possession of two valuable residential properties in Central London, where the claim was defended on proprietary estoppel and constructive trust grounds, result in a six day trial with the cross-examination of ten witnesses.
- Acting for the claimant tenant in the case of London Kendal Street No3 Ltd v Daejan Investments Ltd, the first case to address a landlord's redevelopment intention under the Landlord and Tenant Act 1954 s.30(1)(f) since the Supreme Court, in S Franses Ltd v Cavendish Hotel (London) Ltd. The tenant was granted permission to appeal by the High Court but the matter settled before the appeal was heard
- Successfully acting for the claimant in Vivienne Westwood Limited v Conduit Street Developments Limited where the termination provisions in a rent concession letter were held to be penal and, therefore, unenforceable meaning the claimant continued to pay a reduced rent.
- Successfully acting for the claimant in Minerva (Wandsworth) Limited v Greenland Ram (London) Limited in a claim for around £3.75 million relating to sums due under overage provisions in a sale and purchase contract.
- Successfully represented a corporate landlord client at trial in its claim for dilapidations against a national firm of solicitors who were tenant where a favourable offer of settlement was made by them following the cross-examination of the parties' witnesses of fact and a settlement concluded swiftly afterwards.
- Successfully defending a rights of light claim in the High Court brought by an adjoining landowner.
- Successfully acting for an estate agent at trial in bringing a claim against a former client for non-payment of a commission.
- Successfully defending a summary judgment application brought in relation to a case concerning the interpretation of a guarantee, and successfully obtaining a security for costs order against the same defendant.
- Successfully represented a private individual in a rights of light mediation, where settlement was achieved.
- Successfully represented a corporate client in a dilapidations mediation, where settlement was achieved.
- Successfully represented a private individual in a residential lease extension claim, where a favourable determination for the client was obtained from the Tribunal.
- Experience in acting for a range of high profile clients, both landlord and tenant side, including Shaftesbury Capital and IWG Group Companies.
Mark is currently the Chair of the Property Litigation Association.
Partner, Mishcon de Reya LLP
Legal Director, Mishcon de Reya LLP
Solicitor, Nabarro LLP
Trainee Solicitor, Nabarro LLP
BPP Law School, London
University of Essex Law (LLB)
Articles and Publications
Estates Gazette – "Locked out: now what?" - E.G. 2023, 2343, 54-56 – a step-by-step guide for business tenants on the steps they can take to protect business interests and resume trading when the landlord forfeits the tenancy by re-entry
Estates Gazette – "Forfeiture and rent deposit deeds" – E.G. 2023, 2313, 67 – Considers the circumstances in which a commercial landlord can exercise a right to forfeit, looking at whether a lease could be forfeited on the basis of a breach of a separate rent deposit deed
Estates Gazette – "Setting Boundaries" – E.G.2023, 2312, 35-36 – A discussion on the case law relating to the extension of the court's jurisdiction to grant relief from forfeiture beyond leases
Estates Gazette – "Pandemic clauses: more direction needed" – E.G. 2021, 2139, 58-59 – An examination of WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft MBH and Poundland Ltd v Toplain Ltd.
Estates Gazette – "Why nothing is guaranteed" - E.G. 2021, 2130, 44-46 – a consideration of the current landlord and tenant environment, and the limited circumstances in which a guarantor can escape liability.
Estates Gazette – " Are online court hearings here to stay" – E.G. 2021, 2129, 59 - has the pandemic brought about the end of in-person court hearings?
Estates Gazette – "Franses test goes under the spotlight" – E.G. 2019, 1939, 54-55 - Comments on London Kendal Street No3 Ltd v Daejan Investments Ltd (CC (Central London)), the first case to address a landlord's redevelopment intention under the Landlord and Tenant Act 1954 s.30(1)(f) since the Supreme Court, in S Franses Ltd v Cavendish Hotel (London) Ltd, adopted the conditional intention test.
Solicitors' Journal – "A matter of intention" – S.J. 2019, 162(8), 50-51 - Analyses EE Ltd v Chichester, the first case to apply the conditional intention test developed in S Franses Ltd v Cavendish Hotel (London) Ltd, on whether a landowner could refuse an operator's application for rights to maintain telecommunications equipment on its land, in reliance on the Electronic Communications Code para.21(5), where it claimed it wished to replace the operator's masts with its own to provide better broadband services for the estate.
Estates Gazette – "Calculating code right values" – E.G. 2019, 1911, 53-54 - Examines EE Ltd v Islington LBC on the consideration and compensation payable to the local authority landowner, in accordance with the Electronic Communications Code, for the right to install telecommunications equipment on the roof of a block of flats. Highlights issues not considered by the tribunal which may require further clarification.
Estates Gazette – "Be mindful of the distinctions" – E.G. 2017, 1738, 81. – a consideration of the distinction in approach that needs to be adopted in dealing with applications for consent in real property contracts.
Estates Gazette – "A fashion disaster for landlords?" – E.G. 2017, 1717, 59. – an examination of the High Court decision in Vivienne Westwood Limited v Conduit Street Developments Limited.
Estates Gazette – "Guidance needed to avoid costly disputes" – E.G. 2015, 1521, 73 – an examination of the current legal position on whether solar panels can acquire prescriptive rights to light.
Estates Gazette – "Agricultural tenancies: don't come a cropper" – E.G. 2014, 1422, 80-81 – an overview of the occupational rights of agricultural tenants.
Estates Gazette – "Loose talk could cost commission" – E.G. 2014, 1417, 117 – an examination of a case considering whether there was a sufficient causal connection between a property agent's performance of his duties under a retainer and the purchase of a freehold property.
Estates Gazette – "Seeking sanctuary from repairs" – E.G. 2013, 1342, 118-119 – an overview of the law relating to chancel repair liability, including a summary of the key characteristics of the liability and an update on the current legal position.
Estates Gazette – "Freedom from interference" – E.G. 2013, 1326, 100-101 – an overview on the extent of a landlord's obligations under a covenant for quiet enjoyment.
Property Law Journal – "A question of timing" – P.L.J. 2012, 288, 2 – 5 – a discussion of Leisure (Norwich II) Ltd v Luminar Lava Ignite Ltd (In Administration).
Estates Gazette – "Don't be a Scrooge" – E.G. 2011, 1150, 56 – administrators' liability to pay rent as an expense of the administration.
Property Law Journal – "Disregarding tenant improvements" – P.L.J. 2011, 278, 6 – 9 – a discussion of the High Court decision in Cordoba Holdings Ltd v Ballymore Properties Ltd.
The Conveyancer and Property Lawyer – Issue 2 2008 – "Practise what you Preach" – a guide to the development of chancel repair liability in the twenty-first century.