Mark Loveday

Profile

Winner - Barrister of the Year, Property Management Awards 2011-12

Mark is a specialist property litigator - with his entire practice in this area. His work includes residential Landlord and Tenant, commerical Landlord and Tenant, Contentious Chancery and Professional Negligence relating to all of the above.

In the residential field, Mark's work largely relates to leasehold enfranchisement and long leasehold service charge/management disputes. He is instructed regularly by the major London Estates and leaseholders in high-value contested enfranchisement cases. He is general editor of the second edition of Service Charges & Management, Law and Practice (Sweet & Maxwell, 2009). Mark lectures and writes on procedure and legal issues arising in the Leasehold Valution Tribunals. He has been a Chairman of the Tribunal since 1990 and his 'agony uncle' Brief Encounter column on residential property law appears in The Times every Friday.

Mark was legal advisor to the joint working group that drafted the ICAEW Technical Release on Residential Service Charge Accounts ("TECH/03/11"), the leading professional guidance for service charge accounting in England.

He received the "Barrister of the Year" award at the Residential Management Awards 2011-12.

Mark has over 20 years experience of commerical property disputes, particularly contested business lease renewals, rent reviews and dilapidations. Mark is general editor of Rent Review: A Surveyor's Handbook (RICS, 2008).

Mark is a member of the Chartered Institute of Arbitrators, and has extensive experience in arbitration and expert determination.

For a list of reported cases, please see the link above.

Mark is listed as leading junior in the Real Estate sections of both Chambers & Partners and The Legal 500.

Experience

Mark’s practice covers both commercial and residential property.

On the commercial side, Mark has particular experience of the legal and valuation aspects of ‘opposing' and 'non-opposing' lease renewals under the Landlord & Tenant Act 1954, as well as advising and representing clients in forfeiture and dilapidations claims. Mark has also lectures on the 1954 Act for Central Law Training. For example, Mark is currently representing a flight school which is the tenant of an aircraft hangar in the Midlands in relation to a contested lease renewal. 

In addition to this Mark has advised and represented parties to rent review litigation and third party determinations, as well as advising arbitrators under Section 37 of the Arbitration Act 1996. He is general editor of the RICS publication “Rent Review: a Surveyor’s Handbook”

In 2012, the bulk of Mark’s work is now in the residential field. He is instructed in a number of complex service charge and enfranchisement claims for the London Estates (including the Cadogan Estate, John Lyons Estate, Howard de Walden estate etc.  Amongst numerous enfranchisement cases in the past year, he has represented landlords in high-value Leasehold Valuation Tribunal hearings involving premiums of between £1,600,000 and £9,200,000.

Mark is general editor of the Second Edition of Service Charges & Management: Law & Practice (2009) and was the legal advisor to the Institute of Chartered Accountants working party that produced “TECH 03/11”, the leading professional guidance on service charge accounting. He received the Barrister of the Year accolade at the Residential Management Awards 2011-12.

He is currently representing groups of leaseholders in service charge and management matters under both LTA 1985 and 1987, as well as advising RTM companies on service charge and management disputes. Amongst his current cases, he is advising leaseholders about the treatment of reserve funds and two groups seeking acquisition orders under LTA 1987.

Mark is accredited for direct access work for members of the public under the Bar Council’s direct access scheme.  

Significant Cases

Kutchukian v John Lyons Estate [2013] EWCA Civ 90
Leasehold enfranchisement - development value - statutory break clause under LRHUD 1993 s.61 and Sch 14.

Jackson v John Lyons Estate [2013] UKUT 052 (LC)
Leasehold enfranchisement; development - price comparisons - valuation

Arnold V Britten [2012] EWHC 3451 (Ch)
Inflation - interpretation - leases - service charges

Howard de Walden v Broome [2012] L&TR 16
Individual lease extension - parts of flat

Kutchukian v John Lyons Estate [2012] UKUT (LC)
Leasehold enfranchisement - collective enfranchisement - development value - LRHUD 1993 s.61 and Sch 14

Weir v Area Estates Ltd [2010] 1 EGLR 77, Ch D and [2010] 3 EGLR, CA
Surrender of business lease - rescission of auction contract

Boltlake v Hammond (20 May 2010), QBD
Rent review - arbitration award - business tenancy - fresh evidence

Nissim v Ablethird [2009] All ER (D) 243 (Mar)
Rent Review - hypothethical lease - presumption of reality

Buckley v Bowerbeck [2009] 1 EGLR 43
Service charges - mixed business/residential premises

Lyons v Gardner [2007] All ER (D) 273 (Feb)
Nuisance - drainage - documentary evidence

Talisman v Norton Rose [2006] 1 EGLR 245
Solicitor’s negligence – business tenancy – failure to serve notice – damages

Smith v Titanate [2005] 2 EGLR 63
Business tenancy – occupation for purposes of a business – serviced apartments

Sheffield & Regional Properties v Wright (2004) 1 P & CR D2 (Ch D)
Put option – liability of discharged bankrupt to take lease

WX Investments v Begg [2002] 1 WLR 2849
Rent review – service of notice

Menwald Properties v Hargrave House [2002] PLSCS 17 Lease –
liability of surety

Rey v Ordnance Estates, (The Times, 27 July 2001)
Rent review – validity of notice

Stapel v Bellshore Property Investments Ltd [2001] 3 EGLR 7
Residential service charges

Riaz v Masaku [2001] L&TR 22
Indemnity covenant – damages

Berthon Boat Co Ltd v Hoods Sailmakers Ltd [2000] 1 EGLR 39
Business lease renewal – collateral agreement

Re: Palmeiro [1999] 3 EGLR 27
Removal of fixtures on forfeiture

Harrington v LB Newham [1998] 98(6) QR 5
Occupier’s liability – damages

Filering Ltd v Taylor [1996] EGCS 95, CA
Surrender of business tenancy

Ganton House Investments v Crossman Investments [1995] 1 EGLR 239, CA
Business lease renewal – length of term

Tower Hamlets LBC v Abdi [1993] 1 EGLR 68, CA
Determination of non-secure residential tenancy

Publications

General Editor, Service Charges and Management: Law & Practice 2nd Edition (Sweet & Maxwell) 

Editor, Rent Review: A Surveyors Handbook 2008 (RICS)

'Strictly business?' The Lawyer, 30 November 2009 (service charges)

In The Media

'Brief Encounter', The Times column on residential property issues, authored by Mark, appears in the newspaper’s 'Bricks & Mortar' section every Friday. Typical recent articles have ranged from covenants restricting use of a house for home working and estate parking schemes to liability for estates agent’s commission.

Mark is a frequent lecturer to solicitors on property matters for Central Law Training and other professional bodies.

Contributor to the RICS ‘Isurv’ professional information website.

Memberships

Member, Property Bar Association

Member, Chancery Bar Association

Member, Chartered Institute of Arbitrators

Member, Association of Leasehold Enfranchisement Practitioners

Qualifications

BA(Hons), MCI Arb

Member of Bar of Grenada, West Indies

Directory Quotes

Mark Loveday focuses exclusively on property litigation, and deals with high-value residential leasehold enfranchisements and commercial lease renewals and rent reviews. He is "meticulous in his preparation" and "when on his feet is gentle, persuasive and elegant." 
Chambers UK 2013
Mark Loveday is listed as a leading junior in real estate litigation in Chambers UK 2006 to date and in property litigation in The Legal 500 2009 to date.

" A specialist property litigator" Chambers & Partners 2012
'Mark Loveday is the doyen of LVT cases' Legal 500 2009

'A respected presence in the field' Chambers UK 2011

'Efficient and effective operator' Chambers UK 2010

'Mark Loveday is favoured by clients for being "direct and straight to the point" Chambers UK 2009

'Mark Loveday is an expert on commercial property disputes, with the majority of his cases 1954 Act related' Chambers UK 2008

Appointments

Chairman, Residential Property Tribunal (Leasehold Valuation Tribunal/Rent Assesment Commitee) 2001