Year of call 1986
Mark Loveday is a senior member of Tanfield’s property team. His work includes residential service charges and management, the Right to Manage, leasehold enfranchisement, commercial landlord and tenant and real estate.
He recently appeared in the Supreme Court in FirstPort v Settlers Court RTM  1 UKSC 1 and in the Court of Appeal in Avon v Canary Gateway RTM  EWCA Civ 616. Mark represents clients in contested hearings at every other level, including the First-tier Tribunal (Property Chamber), County Court, High Court and the Upper Tribunal (Lands Chamber), as well as advising in a wide range of property disputes.
In the residential field, Mark’s work largely relates to long leasehold service charge / management disputes and leasehold enfranchisement. He is General Editor of Service Charges & Management (Sweet & Maxwell, 5th Ed). Mark is regularly instructed by the major London estates and leaseholders in high-value contested management and enfranchisement cases. Marks’ weekly column on residential property matters appears in the Times newspaper every Friday.
Mark is a judge of the First-Tier Tribunal (Property Chamber) and a member of the rule-setting Tribunal Procedure Committee. He is a member of the Advisory Committee of the Association of Leasehold Enfranchisement Practitioners. 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 is one of a handful of barrister Fellows of the Institute of Residential Property Management.
He has received numerous awards, including:
Mark has over 25 years’ experience of commercial property and commercial development issues, particularly contested business lease renewals, rent reviews and dilapidations. Mark is general editor of Rent Review: A Surveyor’s Handbook (RICS, 2008) and co-editor of The Electronic Communications Code – a practical guide (2nd edition 2023) (Legal Brief Publishing).
Mark has extensive experience in arbitration and expert determination. He accepts appointments as a mediator and as an arbitrator in property disputes.
For a list of reported cases in the Upper Tribunal, High Court, Court of Appeal and Supreme Court, please see the section below.
The bulk of Mark’s work is in the residential field.
He is regularly instructed in complex service charge and enfranchisement claims by leaseholders, management companies and landlords.
Amongst numerous enfranchisement cases in the past year, he has represented one of the major London Estates in the acquisition of mews houses in Marylebone and represented the leaseholders in a collective claim for the freehold of three blocks of flats in Euston.
Examples of recent residential work include:
Mark is a member of the Advisory Committee of the Association of Leasehold Enfranchisement Practitioners. He is editor of Service Charges & Management (5th Ed) 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 Property Management Awards 2012.
He is currently representing landlords and 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 recent cases, he has advised large groups of leaseholders seeking acquisition orders and variation orders under LTA 1987.
Mark is accredited for direct access work for members of the public under the Bar Council’s direct access scheme.
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.
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”.
Examples of recent commercial work include: