Year of call 1986
Instructing Mark
For further information or to instruct Mark please contact one of our following clerks:
“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
Books
Articles
Journalism
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.
In early 2024, he appeared in the Supreme Court case of A1 Properties (Sunderland) v Tudor Studios RTM and before that in FirstPort v Settlers Court RTM [2022] 1 UKSC 1. He also appeared in the Court of Appeal in Avon v Canary Gateway RTM [2023] EWCA Civ 616 and Dell v 89 Holland Park (Management) [2023] EWCA Civ 1460. 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 enfranchisement and service charge claims by leaseholders, management companies, developers and landlords.
Amongst numerous leasehold enfranchisement cases in the past year, he has appeared in the First-tier Tribunal for major London Estates in high-value lease extension for flats in Marylebone and Marble Arch. He appeared for the leaseholders in one of only three enfranchisement appeals to the Upper Tribunal (Lands Chamber) in 2023.
Examples of recent leasehold management 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.
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:
Leasehold enfranchisement - premium – improvements – value of precarious rights – comparables – post-valuation date evidence – relativity - value of Act rights
Apportionment – effect of section 27A(6) of the Landlord and Tenant Act 1985 – standard of review to be applied to a determination by a Landlord’s surveyor of a new method of apportionment pursuant to the lease.