Property & Real Estate Barristers
Mark Loveday
Year of call 1986
Instructing Mark
For further information or to instruct Mark please contact one of our following clerks:
Richard Powell
Practice Managers
“Mark is very strong counsel.”
Chambers UK 2024
“His written opinions are excellent and he is practical and commercial.”
Chambers UK 2024
“What Mark doesn’t know about service charges is not worth knowing; he is the oracle. He is incredibly hardworking, responsive and is considered and commercial in his approach. He is a tenacious advocate and a pleasure to work with.”
Legal 500 2024
“Mark has the commerciality to see the way through matters. He is able to look at the impact for the clients in the commercial arena.”
Chambers UK 2023
“The go-to barrister for service charge disputes, Mark’s knowledge of this area is second to none. As well as being exceptionally bright, he is commercial and practical. Extremely thorough in both his advice and preparation for trial, his advocacy is tenacious and whilst steely in cross-examination, he always remains courteous.”
Legal 500 2023
“He gives clear and pragmatic advice and is an excellent tribunal advocate.”
Chambers UK 2022
“Mark is an approachable, user friendly barrister who is able to work at a number of different levels. His range of knowledge and experience in relation to enfranchisement and also service charge matters is impressive. He comes over very well with clients and is also highly responsive and sharp.”
Legal 500 2022
“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
“Thorough and approachable in all residential landlord and tenant matters.” “Very experienced and able to give a well thought out and reasoned opinion on complex matters of property law.”
Chambers UK 2020
“He is a very reliable junior.”
Legal 500 2020 (Property Litigation)
“Exceptionally helpful and knowledgeable, providing quality written advice and strong advocacy skills.”
Legal 500 2016
“He is very technically able in a complicated area of law.”
Chambers UK 2016
- Barrister of the Year, Enfranchisement & Right to Manage Awards (2022)
- Barrister of the Year, Property Management Awards (2012)
- Barrister of the Year, Residential Management Awards (2011)
- Member, Tribunal Procedure Committee
- Judge of the First-tier Tribunal (Property Chamber)
Books
- General Editor, Service Charges & Management (5th Edition, 2022), Sweet & Maxwell
- Editor, Rent Review: A Surveyor’s Handbook (RICS) (2008)
- Co- editor: The Electronic Communications Code – a practical guide (2nd edition 2023) (Legal Brief Publishing)
Articles
- “A Shift in Approach in Rent Repayment Orders” (L&T Review – Vol.25 No.5 (2021)
- “Building safety charges: The new law” News on the Block , September 2020
- “Double hatting in the First-tier Tribunal (Property Chamber)”, News on the Block , April 2020
- “Transparency Is Key When Incurring Costs”, Estates Gazette, 25 November 2017
- “Damages for landlord default in long residential leases” (L. & T. Review – Vol.20 No.3 (2016)
Journalism
- Newspaper column: “Ask the Expert” in the Times newspaper (2007-to date)
- Monthly Legal Update for members of Institute of Residential Property Managers
- FCIArb
- FIRPM
- BA (Hons)
- Association of Leasehold Enfranchisement Practitioners (Advisory Committee)
- Chancery Bar Association
- Property Bar Association
- Chartered Institute of Arbitrators (Fellow)
- Institute of Residential Property Management (Fellow)
- English
- Italian
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 [2022] 1 UKSC 1 and in the Court of Appeal in Avon v Canary Gateway RTM [2023] 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:
- “Barrister of the Year” at the Enfranchisement & Right to Manage Awards (2022)
- “Barrister of the Year” at the Residential Management Awards (2011)
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.
Areas of expertise
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:
- Appearing for the tenant of a flat in a contested hearing in what is believed to be the largest individual service charge dispute to come before the First Tier Tribunal (Property Chamber).
- Advising landlords in complex applications to the first-tier Tribunal for dispensation under s.20ZA Landlord and Tenant Act 1985.
- Representing tenants of estates in London’s docklands seeking to acquire the Right to manage.
- Advising leaseholders about cladding issues following a serious fire to a tower block.
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:
- Representing a commercial landlord in a contested application for relief against forfeiture of a pub lease.
- Advising the owners of shopping centres in Bristol about lease termination and terminal dilapidations.
Notable Cases
- Avon Ground Rents v Canary Gateway (Block A) RTM Management Company [2023] EWCA Civ 616 Right to Manage – shared ownership leases.
- Assethold Ltd v The lessees of Flats 1-14 Corben Mews [2023] UKUT 71 (LC) Landlord And Tenant – Service Charges – estimated service charges – insurance valuation costs – fire safety works.
- Assethold Ltd v Adam and others [2022] UKUT 282 (LC) Service Charges – whether reasonably incurred – costs of a waking watch – landlord following professional advice – rationality and reasonableness – section 19(1) of the Landlord and Tenant Act 1985.
- FirstPort Property Services v Settlers Court RTM Co [2022] UKSC 1 Right to Manage – whether RTM company acquires rights to manage communal areas of an estate.
- Dell v 89 Holland Park Management Ltd [2022] UKUT 169 (LC) Service charges – interpretation – recovery of litigation costs relating to adjoining land – recovery of planning costs.
- Avon Ground Rents v Canary Gateway (Block A) RTM Management Company [2020] UKUT 0358 (LC) Right to Manage – shared ownership leases – service of Notice of Invitation to Participate”
- Trimnell-Richard v Tuffley [2018] UKUT 150 (LC) Breach of covenant - Damage to property - Party walls – Reasons.
- Clarise v Rees [2017] EWCA Civ 1135 Landlord and Tenant - Enfranchisement - Ground Rent - Interpretation - Long Leases - Rent Reviews - Valuation - Leasehold Reform Act 1967 ss.9(1) and s.15.
- Avon Ground Rents v 51 Earls Court Square RTM Company [2016] UKUT 1221 (LC) Right to Manage – description of premises in company’s articles of association – whether a self-contained building – whether an RTM company - interpretation of articles – Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002.
- Greenpine Investment Holding Ltd v Howard de Walden [2016] EWHC 1923 (Ch) Collective enfranchisement – Commonhold and Leasehold Reform Act 2002 s.48(1) - “term of acquisition” – solicitor’s undertakings to complete.
- Clarise v Rees [2014] UKUT 394 (LC) Leasehold enfranchisement - construction of lease - rent review to ‘modern ground rent’.
- London Sephardi Trust v John Lyons Estate [2015] UKUT 619 (LC) Leasehold enfranchisement – house –Leasehold Reform Act 1967 s.9(1AA) – valuation of leases which have previously been extended under the Act - Housing and Planning Act 1986 s.23(1).
- Fairfield Rents v Nemcova (LON/00AK/LBC/2015/0027) Breach of covenant – use “as a private residence” – short term lettings – Air BnB.
- Alamouti v John Lyons Estate [2014] UKUT 0087 (LC) Leasehold enfranchisement - collective enfranchisement - development - valuation.
- Jackson v John Lyons Estate [2013] UKUT 052 (LC) Leasehold enfranchisement - development - price comparisons - valuation.
- Kutchukian v John Lyons Estate [2013] EWCA Civ 90 Leasehold enfranchisement – development value – statutory break clause under LRHUD 1993 s.61 and Sch 14.