Year of call 1986
Mark is a specialist property litigator – with his entire practice in this area. His work includes residential landlord and tenant, commercial landlord and tenant and real estate.
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). He is regularly instructed by the major London estates and leaseholders in high-value contested management and enfranchisement cases. Mark lectures and writes on procedure and legal issues in the property tribunals and his “Ask the Expert” column on residential property law 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 has received numerous awards, including “Barrister of the Year” at the Residential Management Awards 2011-12.
Mark has over 20 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).
Mark is a fellow of the Chartered Institute of Arbitrators, and 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 and Court of Appeal, please see the section below.
Mark is listed as leading junior in the property litigation/real estate sections of Chambers & Partners and the Legal 500. He has been described as “A recognised specialist in leasehold enfranchisement matters. A pleasure to work with.” (Chambers UK 2021)
“He is technically very strong and experienced, enhanced by his role as a Tribunal Judge on the Southern Panel.” (Legal 500 2021)
NEWS: Mark is instructed to appear for the Respondent in the Supreme Court on 10/11 November 2021 in the case of FirstPort v Settlers Court RTM Co
Please note Mark is working remotely during the Covid-19 outbreak. He is available for conferences and mediations by MS Teams and Skype for Business and is attending hearings using the HMCTS-approved Cloud Video Platform. As a member of the Tribunal Procedure Committee, he has also been involved in emergency changes to First-tier Tribunal and Upper Tribunal procedures to meet the challenges caused by the pandemic.
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 by the London Estates (including the Wellcome Trust, Howard de Walden Estate, John Lyons Estate, Church Estate Commisioners etc). Amongst numerous enfranchisement cases in the past year, he has represented landlords in high-value hearings involving premiums of between £1,600,000 and £9,200,000.
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 (4rd 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: