Year of call 2001
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 “a fantastic advocate”,”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.
In 2023 Carl was appointed as a Recorder to sit on the South Eastern Circuit (Crime).
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  2 EGLR 125, Power v Shah  EWHC 209 (QB), Cheung v Mackenzie  EWHC 1694 (Ch);  EWHC 220 (Ch).
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: Various Lessees of Battersea Reach and St George Wharf v St George South London Ltd & Oths , Walcott v Jones  L&TR 11, Admiralty Park Management Company Ltd v Ojo  UKUT 0421 (LC), Lee v Sommer  EWHC 3889 (Ch), Christoforou v Standard Apartments Ltd  L&TR 12, Idealview Ltd v Bello  1 EGLR 39, Kyriacou v Linden  UKUT 288 (LC), Dorrington Residential ltd v 56 Clifton Gardens Ltd  UKUT 266 (LC).
Acts for landlords and tenants in claims under the 1967 and 1993 Acts and Part I of the 1987 Act. Carl appears regularly in court and the tribunals.
Cases include LM Homes Ltd & Others v Queen Court Freehold Company Ltd  2 WLR 1135, Colegate & Oths v GJB Estates Ltd, 10.12.18, HHJ Berkley Unreported,Cadogan Holdings Ltd v Orphic M Ltd LON/00AW/OLR/2016/0503, Queensbridge Investment Ltd v 61 Queens Gate Freehold Ltd  ELGR 5, Achieving Perfection Ltd v Gray, 18.5.15, HHJ Coltart, Unreported, Brickfield Properties Ltd v Ullah  UKUT 25 (LC).
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  EWHC 3272 (Ch), Barnard v Zarbarfi  EWHC 3256 (Ch).