Tanfield Chambers

Property litigation

Philip is joint head of chambers.

Philip is a specialist in property litigation/real estate litigation.  His practice straddles the commercial/residential divide; it encompasses all aspects of real property, commercial landlord and tenant, as well as the residential landlord and tenant (particularly enfranchisement and service charges) in which Philip made his name. He has a wealth of experience at the highest level; he has appeared in eight cases to the Lords/Supreme Court, most recently the much-anticipated A1 Ground Rents v Tudor Studios RTM Co; and numerous others to the Court of Appeal.

Philip has considerable experience acting for and against developers, in respect of options, overage disputes, establishing service charges, offplan sales, social and affordable housing aspects and the problems of mixed use among others.

Philip has appeared in many leading cases in the property field, including Aviva v Williams [2023] AC 855 (service charges), the Annington Property judicial review [2024] 1 WLR 365, Sequent Nominees v Hautford [2020] AC 28 (consents) Kumarasamy v Edwards [2016] UKSC 40 [2016] AC 1334 (dilapidations), Menelaou v Bank of Cyprus [2016] AC 176 (mortgagee’s subrogation rights), and the “squatters rights” judicial review in R(Best) v Chief Land Registrar [2016] QB 23. Philip earlier appeared in Cadogan v Sportelli [2010] 1 AC 226 and Howard de Walden v Aggio [2009] 1 AC 39 in the House of Lords and Daejan Investments v Benson [2013] 1 WLR 854 in the Supreme Court.

Philip has extensive experience in mortgage and guarantee claims, rent review, dilapidations, easements, restrictive covenants, boundary disputes, property-insolvency and contracts for sale. He knows his way around a party wall and the 1996 Act. Philip is experienced in arbitration and expert determination, both as advocate before the third party and in challenging the award or determination in court. He also undertakes a range of work which shades into the commercial arena, including overage and clawback, profit sharing, aspects of banking law, economic torts, fiduciary duty claims, freezing injunctions etc. His clients range from landed estates, listed property companies and banks to individual tenants.

Philip has a keen, apolitical interest in law reform in the field of landlord and tenant law. He has presented papers to the All Party Parliamentary Group on leasehold reform, and he assisted the Law Commission with its project on “Event Fees” in the retirement housing sector. He is a regular speaker on property law issues.

Philip Rainey KC is joint head of chambers, and took Silk in 2010 “…to the unequivocal delight of the market” (Chambers UK).

Philip is a specialist in property litigation  / real estate litigation.  His practice straddles the commercial/residential divide; it encompasses all aspects of real property, commercial landlord and tenant, as well as the residential landlord and tenant (particularly enfranchisement and service charges) in which Philip made his name. He has a wealth of experience at the highest level; he has appeared in eight cases to the Lords/Supreme Court, most recently the much-anticipated A1 Ground Rents v Tudor Studios RTM Co; and numerous others to the Court of Appeal.

“He is a cool, calm and collected advocate who is able to adeptly think on his feet in the face of extremely complicated and unique points of law.” (Chambers UK)

“One of the leading barristers in this field. He is a supremely confident, smooth, incredible advocate and has incredible knowledge of all areas in property litigation.” (Chambers UK)

Publications:

(With other members of Tanfield Chambers) 'Service Charges and Management' (Sweet & Maxwell, 5th ed 2022); Co-author: "Megarry's Manual of the Law of Real Property" (9th ed 2014); Co­ author 'Rent Review: A Surveyor’s Handbook' (RICS, 2008).

Awards

Barrister of the Year, Enfranchisement Awards (2009 & 2016)

Real Estate Junior of the Year, Chambers Bar Awards (2009)

Chancery Bar Association; Property Bar Association; Association of Leasehold Enfranchisement Practitioners; Chartered Institute of Arbitrators; Civil Procedure Rule Committee 2001-08.

Kings School Tynemouth; University of Leicester (1986-89 LLB (Hons)).