Mark Loveday

  • Practice Groups
  • Property
  • Career
  • 1986 Called to the Bar

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Profile

Mark is a specialist property litigator – with his entire practice in this area.
His work includes commercial Landlord and Tenant (lease renewal, rent review, dilapidations, forfeiture, breach of covenant, lease/licence etc), residential Landlord and Tenant (enfranchisement, service charges, possession etc), Contentious Chancery (adverse possession, sale of land, boundaries, easements) and Professional Negligence relating to all of the above.

The bulk of his practice relates to commercial landlord and tenant. Chambers & Partners (2008) describes him as 'an expert on commercial property disputes'.

In the residential field, Mark’s work largely relates to enfranchisement and long leasehold service charge/management disputes. Again, Mark lectures and writes extensively on procedure and legal issues arising in the Leasehold Valuation Tribunals. Mark 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.

Experience

Mark’s main area of practice is in commercial landlord and tenant matters.  In 2007-8 he has, as in previous years, undertaken several contested '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 given several lectures on 1954 Act developments.

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.

Notable recent professional negligence cases include the reported case of Talisman v Norton Rose and a large claim for one of the London Estates against their long standing managing agents.

In the residential field, Mark has been instructed in a number of complex service charge and enfranchisement claims. He is regularly instructed by the Cadogan Estate to litigate post-Sportelli deferment rate matters and will appear in the Lands Tribunal later this year in several service charge and management appeals. Mark is general editor of the Second Edition of Service Charges & Management: Law & Practice which was published in 2009. 

 

Significant Cases

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lyons v Gardner [2007] All ER (D) 273 (Feb) [2007] Env.L.R. D13
Nuisance – drainage - documentary evidence

Buckley v Bowerbeck [2009] 01 EG 78 (Service charges - mixed business/residential premises)

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

Weir v Area Estates Ltd [2010] 10 EG 121

Boltlake v Hammad (20 May 2010) Queen's Bench Division. Arbitration; Awards; Business tenancies; Fresh evidence; Rent reviews

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

Qualifications

BA(Hons), MCI Arb

Member of Bar of Grenada, West Indies

Directory Quotes

Mark Loveday is listed as a leading junior in real estate litigation in Chambers UK 2006 to date and The Legal 500 2009.

'Mark Loveday is the doyen of LVT cases' Legal 500 2009

'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