Property & Real Estate Barristers
Richard Miller
Year of call 2021
Instructing Richard
For further information or to instruct Richard please contact one of our following clerks:
Gary Collins
Practice Managers
Buchanan Prize, Lincoln’s Inn
Lord Denning Scholarship, Lincoln’s Inn
Mrs Vincent Astor Prize in History, Christ’s College, University of Cambridge
Managing expectations: Upper Tribunal refuses to discharge misleading manager (Orchard v Mooney & Orkin [2023] UKUT 78 (LC)), Practical Law Property Litigation Column, 15 May 2023
Healey v Fraine [2023] EWCA Civ 549.
Unlawful Eviction: Third Party Liability (Brem v Murray [2022] EWHC 1479 (QB)) L. & T. Review 2022, 26(6), 250-25
BPTC (Outstanding), University of Law
GDL (Distinction), University of Law
MPhil Early Modern History (Distinction), Christ’s College, University of Cambridge
MA (Hons) History (Double First Class), Christ’s College, University of Cambridge
Property Bar Association
Richard Miller is a property specialist and accepts instructions in the areas of landlord and tenant, real property, commercial disputes, and related professional negligence. He regularly appears in the County Court and First-Tier Tribunal and has also appeared led in the High Court, the Upper Tribunal, and the Court of Appeal.
His recent cases have involved:
- Residential landlord and tenant disputes, including possession claims and service charge and management;
- Commercial landlord and tenant disputes, including forfeiture and Landlord and Tenant Act 1954 renewals;
- Mortgages and receivership;
- Real property, easements, and restrictive covenants;
- Boundary disputes, adverse possession, and trespass;
- Trusts of land and orders for sale;
- The Building Safety Act 2022.
Richard has excellent arithmetical skills which make him an obvious choice for cases involving mathematical calculations such as service charge disputes.
Before starting his legal career, Richard worked as a researcher for a member of Parliament. His usual duties consisted of drafting reports and advising on new legislation, but during the pandemic he also worked hundreds of hours of overtime to support constituents.
Richard has a keen interest in history and is perennially reading his way through obscure antiquarian books.
Areas of expertise
Richard has a busy residential and commercial landlord and tenant practice. He frequently appears in possession claims and his recent work includes numerous business tenancy disputes.
While still a pupil, Richard acted for the successful landlord in a two-day trial involving complex issues of surrender by operation of law, breach of quiet enjoyment, and harassment.
Richard acts in all areas of real property law, including easements, restrictive covenants, land registration, and adverse possession. Recent cases include a trial on interference with an easement and advice on and drafting an application to the Upper Tribunal for modification of restrictive covenants under section 84 of the Law of Property Act 1925.
In April 2023, Richard appeared led in the Court of Appeal in Healey v Fraine [2023] EWCA Civ 549, a case concerning the meaning of adverse possession in the Land Registration Act 2002.
Richard comes from a family of keen anglers and has a niche interest in riparian rights disputes.
Richard regularly appears in the First-Tier Tribunal in a range of service charge and management disputes, including section 27A applications, dispensation applications, and applications to appoint managers. He has excellent arithmetical skills and is at ease with the accounting exercises these applications often involve.
Richard has recently been led in the Upper Tribunal in a service charge dispute which concerned the reasonableness of service charges incurred pursuant to a landlord’s reliance on a flawed expert report.
Richard acts in mortgage possession claims for both mortgagees and mortgagors. He has a particular interest in the duties of receivers.
In late 2022, Richard appeared led in a five-day High Court trial concerning undue influence and subrogation regarding a mortgage over a flat in prime central London worth millions of pounds.
Richard accepts instructions in property-related professional negligence. Recent cases include advising on negligence concerning the exercise of rights of first refusal and the right to claim a new lease under Part II of the Leasehold Reform, Housing and Urban Development Act 1993.
Notable Cases
- Healey v Fraine [2023] EWCA Civ 549 Court of Appeal decision on the meaning of adverse possession under the Land Registration Act 2002. Acted for the successful Respondent, led by Michael Walsh.
- Assethold Ltd v Adam [2022] UKUT 282 (LC) Upper Tribunal decision on reasonableness of service charges incurred pursuant to a flawed expert report. Acted for the successful Appellant, led by Mark Loveday.