Carl Ian Fain > Tanfield Chambers > London, England > Lawyer Profile

Tanfield Chambers
Tanfield Chambers
2-5 WARWICK COURT
LONDON
WC1R 5DJ
England

Position

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential including dilapidations claims, lease renewals, enfranchisement, RTM, appointment of managers and service charge disputes. Real property disputes including mortgage related claims and in particular LPA receivers, property related professional negligence, co-ownership, easements, restrictive covenants, Party Wall Act matters and boundary disputes. Cases include Admiralty Park Management Company Ltd v Ojo [2016] UKUT 0421 (LC) (service charges and estoppel by convention), Lee v Sommer [2015] EWHC 3889 (Ch) (commercial landlord and tenant) Queensbridge Investment Ltd v 61 Queens Gate Freehold Ltd [2015] EGLR 5 (enfranchisement) Yeung v Potel [2014] 2 EGLR 125 (easements), Christoforou v Standard Apartments Ltd [2014] L&TR 12 (Administration charges), Rabiu v Marlbray Ltd [2013] EWHC 3272 (Ch) (sale deposits in respect of Hotel units), Barnard v Zarbafi [2010] EWHC 3256 (sale deposits), New Northumbria Hotel Ltd v Maymask (148) LLP [2010] EWHC 1273 (forfeiture and chattels), Idealview Ltd v Bello [2010] 1 EGLR 39 (rent review), FSA v Martin [2006] 2 BCLC 193 (s.380 FSMA proceedings).

Career

Called 2001; Lincoln’s Inn.

Memberships

Property Bar Association; Chancery Bar Association.

Education

Merchant Taylors’ School, Northwood; Queen’s College, Oxford (2000 law degree 2(1)); Inns of Court School of Law (2001 BVC – very competent).

Lawyer Rankings

London Bar > Property litigation

(Leading Juniors) Ranked: Tier 2

Carl FainTanfield ChambersCarl is an exceptional barrister who is able to very quickly grasp the key elements of a dispute and provide clear and succinct advice. He is also very commercial and particularly persuasive on his feet.

Tanfield Chambers is a focused property set with strong expertise across residential landlord and tenant work, real property, and commercial real estate disputes, alongside specialist areas such as party walls. Head of chambers Philip Rainey QC and Ellodie Gibbons represented the landlord in Sequent Nominees Ltd (Formerly Rotrust Nominees Ltd) v Hautford Ltd before the Supreme Court, securing a ruling preventing a tenant from obtaining planning permission without the landlord’s permission. Another major case for Rainey QC was the successful in the Court of Appeal in enfranchisement case LM Homes v Queen Court Freehold Company Ltd, which also featured Carl Fain on the counsel team for the tenants. Kerry Bretherton QC is representing the hotel in Poste Hotels v Cousins, a High Court case relating to rights of way, arguing that the hotel owner had acquired by prescription a right of way over the cul-de-sac giving access to the laundry, which had been repeatedly blocked by the opponent’s car, which both parties have sought permission to appeal to the Court of Appeal. Christopher Heather QC continues to represent the restaurant chain in the Performance Retail (General Partner) Ltd v Wagamama Ltd case relating to interpretations of a lease agreement.