Legal Guidance and Research / Experts / Carl Fain
Carl Fain#1453
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Carl Fain

Tanfield Chambers

Property and chancery practice with a focus on landlord and tenant. Work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, 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, nuisance, restrictive covenants, boundary disputes and Party Wall Act matters.

As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal.

"Very bright, gets on well with clients and is a terrier in court" and "he's extremely knowledgeable, doesn't balk at any points and is ready with the answers." Chambers UK Bar Guide 2018 (Real Estate Litigation)

"A hidden treasure; he is very bright, good in court and with clients, and always goes the long mile without being asked."

Legal 500 2017 (Property Litigation)

Practice Areas

Panel

  • Q&A Panel

Qualified Year

  • 2001

Membership

  • Property Bar Association
  • Chancery Bar Association

Education

  • MA (Oxon), The Queens College, Oxford

8 Contributions by Carl Fain

Absent express right, can A enter B’s land to replace A’s waste pipe where no other access?
Q&As
Absent express right, can A enter B’s land to replace A’s waste pipe where no other access?
At common law, A has no entitlement to go onto B’s land to undertake repairs to A’s property. In the absence of an express right, or B’s permission, doing so would constitute trespass. Nevertheless, A does enjoy certain limited rights under the Access to Neighbouring Land Act 1992 (ANLA 1992). Under section 1(1) of ANLA 1992, if A wishes to enter B’s land to carry out works to A’s land, and B refuses consent, A can apply to the court for an access order, in such circumstances and situations...
Property
AST Expiry: New 5-Month AST or Statutory Periodic for Possession
Q&As
AST Expiry: New 5-Month AST or Statutory Periodic for Possession
When a landlord grants an assured shorthold tenancy (AST) to a tenant at the end of a prior AST for the same property and same parties, it constitutes a replacement tenancy...
Property Disputes
Consent to assign: can landlord insist on deed, not letter?
Q&As
Consent to assign: can landlord insist on deed, not letter?
While an assignment of a tenancy has to be executed as a deed, a landlord’s licence to assign need not be by deed unless the lease expressly stipulates that the licence must be in deed form. Where there is no express clause mandating a deed, a landlord’s demand that consent is provided only via deed may constitute an unreasonable condition to consent and, consequently, an unreasonable refusal to grant consent. You might also find helpful: Practice Note: Landlord's consent to assign or underlet Assignment and underletting—overview...
Property
Forfeiture where service charge lacks LTA 1985 Summary: barred or cured?
Q&As
Forfeiture where service charge lacks LTA 1985 Summary: barred or cured?
Pursuant to section 21B(3) of the Landlord and Tenant Act 1985 (LTA 1985), a tenant may withhold paying a service charge if the demand is not sent with the summary of rights and obligations in the prescribed form (the s 21B notice)...
Property Disputes
Is A–C reserved right of access enough for B’s boundary repairs?
Q&As
Is A–C reserved right of access enough for B’s boundary repairs?
This could be the appropriate method to secure lawfully an access right from B’s property across C’s property...
Property
One-Week Non-Paying Licensee: 4-Week Notice to Quit and PEA 1977
Q&As
One-Week Non-Paying Licensee: 4-Week Notice to Quit and PEA 1977
Service of a notice to quit/notice to end the licence was not required. The lodger/licensee occupied solely by way of goodwill. No periodic licence was ever created or granted...
Property Disputes
Removing an unauthorised AST sub-tenant: possession routes
Q&As
Removing an unauthorised AST sub-tenant: possession routes
It is presumed the intermediate tenancy remains in force, and a sub-tenancy has been created in breach of covenant. In that case, the landlord is unable to evict the sub-tenant directly...
Property Disputes
Section 21 possession: 2012 AST now SPT, deposit non-compliance
Q&As
Section 21 possession: 2012 AST now SPT, deposit non-compliance
In accordance with section 215(2A) of the Housing Act 2004 (HA 2004), a landlord may issue a section 21 notice where the deposit is repaid in full, or with deductions mutually agreed by both the landlord and the tenant concerned...
Property Disputes
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