Carl Fain

Year of call 2001

Instructing Carl
For further information or to instruct Carl please contact one of our following clerks:

Alex Southern
Practice Managers

+44 (0) 20 7421 5300
Click to email

Kieron Hatwell
Practice Managers

+44 (0) 20 7421 5300
Click to email

Zoe Bluck
Practice Managers

+44 (0) 20 7421 5300
Click to email

“A talented property barrister with expertise in business tenancy renewals, service charge disputes and dilapidation claims. His practice also takes in landlord and tenant matters, mortgage-related claims and property-related professional negligence cases. He is a noted expert on party wall issues.” “Carl is pragmatic, incredibly user-friendly and has an excellent manner.” “A tenacious advocate who gives practical advice.”

Chambers UK 2019

“Bright, proactive and an extremely tenacious and effective advocate.”

Legal 500 2018

“Very bright, gets on well with clients and is a terrier in court.” “He’s extremely knowledgeable, doesn’t balk at any points and is ready with the answers.”

Chambers UK 2018

“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

“Has excellent knowledge of property law and is a safe pair of hands for any property dispute. He has an ability to see the big picture and achieve a cost effective resolution, and is a pleasure to deal with.” “An extremely able and approachable barrister who provides practical advice.”

Chambers UK 2017

“His depth of legal expertise goes without saying, but he also has a fantastic commercial and down-to-earth approach.”

Legal 500 2016

“He’s bright and he’s good in court.”

Chambers UK 2016

“A tenacious advocate who gives practical advice.”

Legal 500 2015

“He is very responsive and easy to work with.” “An enthusiastic advocate who gets good results.”

Chambers UK 2015

“He is enthusiastic and a very able junior. He is personable and brings a friendly, measured and commercially astute approach to cases.”

Chambers UK 2014
  • Sir Issac Wolfson Scholarship, Lincoln’s Inn
  • Thomas More Bursary, Lincoln’s Inn
  • Hardwicke Entrance Scholarship, Lincoln’s Inn
  • Contributor to all four Service Charge & Management, 4th Edition, Sweet & Maxwell (2018)
  • BVC (Very Competent)
  • MA (Oxon), The Queen’s College, Oxford
  • Bar Pro Bono Unit
  • Chancery Bar Association
  • Property Bar Association

Carl Fain has a specialist property and chancery practice, with a focus on landlord and tenant. His 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.

Carl has been ranked as a leading Junior in Property Litigation / Real Estate Litigation in the legal directories for a number of years and has recently been described by the directories as “pragmatic, incredibly user-friendly and has an excellent manner” and as a “bright, proactive and an extremely tenacious and effective advocate.”

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.

Carl regularly presents seminars on property related matters. He has been a speaker at a SJ Live event, and has presented Webinars for LexisNexis and seminars for the Council of Mortgage Lenders. Carl is also an author of LexisNexis Question and Answer series.

As a former Management Consultant, solicitors and clients appreciate the commercial eye that he brings to his legal practice.

Areas of expertise

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.

Cases include Yeung v Potel [2014] 2 EGLR 125.

Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, rights of first refusal, RTM, appointment of managers and service charge disputes.

Cases include Walcott v Jones [2018] L&TR 11, Admiralty Park Management Company Ltd v Ojo [2016] UKUT 0421 (LC), Lee v Sommer [2015] EWHC 3889 (Ch), Christoforou v Standard Apartments Ltd [2014] L&TR 12, Idealview Ltd v Bello [2010] 1 EGLR 39.

Acts for landlords and tenants in claims under the 1967 and 1993 Acts. Carl appears regularly in court and the tribunals.

Cases include Cadogan Holdings Ltd v Orphic M Ltd LON/00AW/OLR/2016/0503, Queensbridge Investment Ltd v 61 Queens Gate Freehold Ltd [2015] ELGR 5, Achieving Perfection Ltd v Gray, 18.5.15, HHJ Coltart, Unreported.

Acts for and against Banks and institutional lenders in mortgage claims. Carl frequently acts for LPA Receivers.

Acts in property related professional negligence and in particular negligence in enfranchisement.

From single contracts for the purchase of a flat to large developments, Carl acts for vendors and purchasers and his cases include Rabiu & Oths v Marbray Ltd [2013] EWHC 3272 (Ch), Barnard v Zarbarfi [2010] EWHC 3256 (Ch).

Notable Cases

  • Colegate & Oths v GJB Estates Ltd & Oths 10 December 2018 CC, HHJ Berkley, Unreported S.12B Landlord and Tenant Act 1987: The First Defendant (freeholder) granted a lease of a flat to the connected Second and Third Defendants after the Claimants had served a purchase notice pursuant to s.12B of the Landlord and Tenant Act 1987. In a novel case, the judge held that the Claimant would not be entitled to acquire the freehold free of the lease of this flat and that pursuant to s.12B(5), the Claimants would be entitled to acquire the freehold subject to the lease of the flat for a price to be determined by the FTT. Instructed on behalf of the successful Defendants.
     
  • Walcott v Jones [2018] L&TR 11 S.21 Housing Act 1988, s. 41 Deregualtion Act 2015, periodic tenancies: On appeal, it was held that a periodic tenancy which ran beyond its original term was "granted" when it was initially entered into and was not granted at the end of each period of the tenancy. Hence the landlord in 2017 had not been required to comply with statutory requirements introduced in 2015 before serving a s.21 notice in respect of a monthly periodic tenancy which had begun in 2007. Instructed on behalf of the successful Appellant.
     
  • Admiralty Park Management Company Ltd v Ojo [2016] UKUT 0421 (LC) Service Charges, procedural unfairness estoppel by convention: UT held that there had been procedural unfairness in the FTT raising a new point and not granting an adjournment and found that there was an estoppel by convention that precluded the tenant from challenging the failure to comply with the provisions in the lease. Instructed on behalf of the successful Appellant.
     
  • Cadogan Holdings Ltd v Orphic M Ltd LON/00AW/OLR/2016/0503 Enfranchisement, New Lease Claim: FTT applied a single rate (as opposed to a dual rate) to the capitalisation rate in establishing the existing lease value for a lease with 2.95 years unexpired. Instructed on behalf of the tenant.
     
  • Lee v Sommer [2015] EWHC 3889 (Ch) Commercial Landlord and Tenant, L&T(C) 1995, Consent Orders: Although no s.17 notices had been served, the court did have jurisdiction to approve a Consent Order which made the former tenant liable and the Consent Order was not a void agreement pursuant to s.25 L&T(C) 1995: Instructed on behalf of the Appellant.
     
  • Achieving Perfection Ltd v Gray 18 May 2015 CC, HHJ Coltart, Unreported Collective Enfranchisment and the service of Initial Notice by email. This is the first case where a court has held that an Initial Notice could be validly served by email: Instructed on behalf of the successful Nominee Purchaser.
     
  • Queensbridge Investment Ltd v 61 Queens Gate Freehold Ltd [2015] EGLR 5 Collective Enfrancshisement and effect of grant of new leases after determination of disputed terms of leasebacks by LVT: Instructed on behalf of the Respondent in the appeal and also at first instance.
     
  • Yeung v Potel [2014] 2 EGLR 125 Easements and implied reservations: Instructed on behalf of the successful Respondents in the Court of Appeal and also at first instance.
     
  • Christoforou & Diogenous v Standard Apartments Ltd [2014] L&TR 12 Adminstration Charges and para 10(4) of Sch 12 to CLRA. Instructed on behalf of the successful Respondent in the appeal and also at first instance.
     
  • Rabiu & Oths v Marlbray Ltd [2013] EWHC 3272 (Ch) Sale deposits in respect of Hotel Units. Instructed on behalf of the Defendant and led by Philip Rainey QC for the trial of a preliminary issue.
     
  • Barrie House Freehold Ltd v Merie Bin Mahfouz Company (UK) Ltd [2012] EWHC 353 (Ch) Collective Enfranchisement and easements. Instructed on behalf of the Claimants at the interlocutory stage.
     
  • Tunstill v Primrose Mansions Ltd [2011] UKUT 268 (LC) Service charges. Instructed on behalf of the Landlord in the Appeal and at first instance.
     
  • Barnard v Zarbarfi [2010] EWHC 3256 (Ch) Sale Deposits and penalties. Instructed on behalf of the purchaser.
     
  • The New Northumbria Hotel Ltd v Maymask (148) LLP [2010] 2 P&CR DG21 Forfeiture of Hotel and return of Chattels: Instructed on behalf of the Claimant and led by Philip Rainey QC on a claim for an injunction.
     
  • Idealview Ltd v Bello [2010] 1 EGLR 39 Delayed rent review: Instructed on behalf of the successful Landlord on the appeal and at first instance. It is the longest reported delay of a rent review (13 years).
     

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