Tristan Salter > Chambers of Rachel Sleeman > London, England > Barrister Profile

Tristan Salter

02078513200 tristanslater@fivepaper.com

Position

Tristan has a busy Commercial Chancery practice combining his knowledge of the property, trusts and insolvency sectors.

Tristan accepts instructions in all aspects of property law with a focus on real property, leasehold and trusts of land. He is also able to advise on the frequent cross-over of property issues into the realm of company law or insolvency, advising on shareholder rights in property companies or the complex issues that emerge when a landlord or tenant has become insolvent.

From 1 September 2021 Tristan has been appointed to the Attorney General’s Civil C Panel of Counsel and acts for a range of Government departments on property, commercial and insolvency issues.

Property Litigation

Tristan in instructed across the range of Property issues from real property to landlord and tenant litigation. He frequently is instructed to deal with complex issues involving leasehold matters, boundary disputes and trusts of land. Tristan is regularly instructed to appear in the County Court, First Tier Tribunal and High Court.

Recent cases include:

• Drafting pleadings in relation to long running boundary dispute which included issues relating to damage caused by roots systems
• Advising on the implications on the impact of Duval on a premium for consent to alterations;
• Advising on prospects of injunction to secure completion of sale of a property;
• Advising a Right to Manage company in relation to on-going obligations in relation to a listed building;
• Advising and drafting pleadings on a dilapidation claim which stemmed from earlier litigation in which he successfully defeated a tenant’s claim under the 1954 Act for a new tenancy;
• Advising on implication of FirstPort v Settlers Court on RTMs across a London Borough;

Landlord & Tenant

Tristan frequently acts in the commercial and residential property landlord and tenant disputes ranging from commercial forfeiture, lease renewals to complex possession proceedings involving the Equality Act 2010.

Tristan has particular expertise in Shared Ownership cases, advising on the rights under such products including issues in relation to sub-letting, ASB and mortgages.

Tristan was junior counsel to Nicholas Grundy QC in the Court of Appeal, in the case of Livewest Homes Ltd v Bamber [2019] EWCA Civ 1174 on the issue of serving notices under s21(1A) & (1B) at the end of a fixed term tenancy.

Commercial

There is a significant cross over between Tristan’s Commercial and Property practice. He has acted in a range of commercial disputes and uses his expertise in Property law to advise on issues involving commercial and residential property, including:

• The impact and rights of landlords under the Commercial Rent (Coronavirus) Act 2022
•  Telecoms rights under the Schedule 3A of the Electronic Communications Code;
• the enforcement of rental guarantees in commercial and residential tenancies;
• director’s duties in a company specialising in Property development;
• shareholder disputes including drafting a claim for unfair prejudice in relation to residential management companies;
• the enforcement of mortgages, including Shared Ownership mortgages;Tristan often acts in cases involving mortgage regulation, be that under CCA 74 or FSMA 2000.Recent work includes:

Insolvency

Tristan is regularly instructed to appear in insolvency proceedings for creditors, debtors, companies and office holders. He has recently been appointed the C Panel and undertakes work for HMRC in relation to bankruptcy.

Trusts, Wills & Probate

Tristan acts on a range of applications under Trusts of Land and Appointment of Trustees Act 1996 including the challenges to beneficial interest in property alongside contentious wills and probate issues.

Recent work includes:

• Advising on unfair prejudice within lifetime transactions and the status of a contested Will;
• Advising and drafting on a contested application under s14 TOLATA 96 for an order for sale;
• Representing a former cohabitee in an attempt to establish an interest in a property;
• Advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975;

Tristan uses his experience in property matters to assist where there are overlapping issues from insolvency proceedings.

Recent work includes:

• Dealing with the annulment of bankruptcy orders under s282(1)(a) due to lack of capacity.
• Acting for a Bankrupt to resist sale of family home;
• Advising on challenges to Breathing Space Moratoriums;
• Advising client on issues stemming from landlord’s insolvency;
• Advising Administrators on disclaimer of onerous property;
• Jurisdictional issues in insolvency proceedings;

Career

Called 2013

Memberships

Property Bar Association (PBA)
Commercial Bar Association (Combar)
London Common Law & Commercial Bar Association (LCLCBA)

R3 (Association of Business Recovery Professionals)

Education

• • University of Law – BPTC
  • University of Law – GDL
  • Pembroke College, University of Oxford – History BA (2:1)
  • Princeton University – History Exchange Programme