Profile description
Carl regularly advises and acts in matters arising from commercial leases, acting for both landlords and tenants. This includes opposed and unopposed lease renewals and dilapidations claims, in addition to advising on withholding of consent and exercise of break clauses and options.
He has a particular specialism in forfeiture proceedings (seeking forfeiture, wrongful forfeiture and relief applications) for arrears and breach of covenant, particularly where pubs and other licensed premises are involved, including obligations to buy tied products and services.
Development & Planning
Carl advises and acts for sellers and purchasers on issues arising out of the sale and development of properties, including injunctive relief and committal, options and overage, land registration, orders for sale, breach of contract, misrepresentation and failure to complete.
He understands the need for common sense advice on developments and regularly assists clients, often at short notice, in making commercial decisions.
Housing (Social & Privately Rented)
Carl deals with all matters and issues arising from residential landlord and tenant disputes and he acts for both landlords and tenants. He has also appeared in cases involving residential disrepair, tenancy deposits, and antisocial behaviour injunctions for housing association landlords.
He has a particular interest in Rent Act tenancies and other regulated occupations, and relishes getting to grips with complex statute to find practical solutions.
Leasehold & Leasehold Management
Carl regularly acts for leaseholders, management companies and freeholders in disputes before the First Tier Tribunal (Property Chamber) and the Upper Tribunal. He has experience of disputes involving the reasonableness of service charges, the dispensation of and consultation process for major works, the appointment of managers, breaches of long leases and Rent Repayment Orders.
Carl has a niche specialism in matters involving fire safety works to large blocks and has dealt with a number of matters involving rectification works in respect of cladding, estate wide sprinkler and alarm systems, and major roof replacements.
He also advises and acts on both collective leasehold enfranchisement and lease extension claims, particularly where there are issues in addition to the premium and where the validity of notices is challenged. Carl has acted in a number of cases where the freeholder is absent or missing.
Professional Liability - Property Transactions
Carl has experience in bringing and defending claims against solicitors, valuers, surveyors and other professional arising in and around property transactions.
Real Property & Mortgages
Carl has considerable experience of neighbour disputes, including boundary determination and declaration, adverse possession actions, enforcement of party wall awards, rights of way and other easements (existence, excessive use and extinguishment). He also regularly deals with the interpretation and enforceability of restrictive covenants.
Regularly acting for banks and bridging companies Carl has a wealth of experience acting in disputes over mortgages and other secured lending, either bringing actions to recover sums owed or intervening in ongoing cases where securities are at risk.
Trusts of Land
Carl is experienced in acting and advising on TLATA claims and property disputes arising out of the formation and breakdown of relationships. This includes applications for declarations of interest in property, orders for sale to realise shares in property and advising trustees on their obligations.