Tanfield Chambers

Property litigation

Recently acknowledged by the Supreme Court as a “specialist” property counsel, Mark’s entire practice is in this area. His work includes residential service charges and management, the Right to Manage, leasehold enfranchisement, commercial landlord and tenant and real estate.

He has represented clients in contested hearings at every level including the First-tier Tribunal, County Court, High Court, Upper Tribunal (Lands Chamber), Court of Appeal and Supreme Court.

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). He 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:

• “Barrister of the Year” at the Residential Management Awards 2011.
• “Barrister of the Year” at the Enfranchisement & Right to Manage Awards 2022.

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).

Mark is a fellow of the Chartered Institute of Arbitrators, and 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.

Mark is listed as leading junior in the property litigation/real estate sections of Chambers & Partners and the Legal 500. He has been described as “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)

Mark recently appeared for the Respondents in the Supreme Court appeal of FirstPort v Settlers Court RTM Co [2022] UKSC 1, the first Right to Manage case to reach the Supreme Court.

He is available for conferences and mediations by MS Teams and Zoom, and is attending hearings using all HMCTS-approved forms of remote hearing platforms As a member of the Tribunal Procedure Committee, he has also closely been involved in changes to First-tier Tribunal and Upper Tribunal procedures to meet the challenges caused by the pandemic.

Qualified 1986; Judge, First Tier Tribunal (Property Chamber).

Publications: ‘Service Charges & Management’ (Sweet & Maxwell); 'Rent Review: A Surveyor's Handbook' (RICS); weekly column on residential property law in 'The Times' newspaper.

Barrister of the Year, ERMAS Awards 2022

Italian.

Property Bar Association; Chancery Bar Association; Association Leasehold Enfranchisement Practitioners (Advisory Committee member).

St Edmunds College, Ware; University of Kent at Canterbury (1981 BA (Hons)).

Current affairs.