Benjamin Faulkner

Property

Ben’s practice focuses on all aspects of real property and landlord and tenant related litigation and advice. In particular, he is frequently instructed in cases under Part II of the Landlord & Tenant Act 1954.

In 3 of the last 5 years (2018, 2019 and 2022) Ben was one of three nominated by Chambers & Partners as Real Estate Junior of the Year.

In 2022 Ben was instructed, led by Jonathan Seitler KC, in the Trocadero v Picturehouse Cinemas litigation, concerning the liability of commercial tenants to pay rent during the pandemic, which was heard by the Court of Appeal in June 2022 (see [2022] EWCA Civ 1021).

In 2018, led by Joanne Wicks KC, he successfully acted for the tenant in S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62, a Supreme Court case which has substantially recast the law relating to ‘ground (f)’ under the Landlord & Tenant Act 1954. Ben has developed a particular expertise in business tenancy renewal cases.

Ben also has a reputation for dealing with complex, high value property litigation. He is currently instructed in a heavy duty development dispute (led by Jonathan Seitler KC and leading Francesca Mitchell, acting against Joanne Wicks KC and Jia Wei Lee) which is due for a month-long trial in November 2022. He has recently also been instructed in arbitrations (led by Martin Hutchings KC and Mark Wonnacott KC, and working with Jonathan Chew) concerning valuation of a vast property portfolio upon exercise of options to purchase. Ben was instructed in the complex Manchester Ship Canal litigation (led by Michael Barnes KC and Janet Bignell KC). He was also been instructed in a complex and very high value mortgage possession case (led by Tom Grant KC, and latterly by Fenner Moeran KC), which included a successful multi-headed 2-day strike out application.

Recent cases include:

• London Trocadero (2015) LLP v Picturehouse Cinemas Limited [2022] EWCA Civ 1021 in the Court of Appeal, concerning the entitlement of landlords of commercial premises to rent during periods when the premises were forced to close owing to the various Coronavirus Regulations (led by Jonathan Seitler KC).
• Ensign House Limited v Ensign House (FEC) Limited: a development dispute due for trial for a month in November 2022 (led b Jonathan Seitler KC, and leading Francesca Mitchell).
• HPUT Trustee No 1 Limited v Boots UK Limited (24 May 2021; before HHJ Dight CBE) in the Central London County Court: an unopposed lease renewal trial, but more complicated by the fact that there was a portfolio of 123 cases, all simultaneously coming on for trial, following a sale and leaseback 15 years before. In the first case Ben was led by Martin Hutchings KC.
• Tactical advice for landlords looking to develop buildings subject to leases protected by the Landlord & Tenant Act 1954, as well as telecommunications code rights.
• S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62 in the Supreme Court, concerning whether a landlord can rely upon ground (f) of the Landlord & Tenant Act 1954 where the proposed works have no commercial purpose other than to secure vacant possession from the tenant.
• Multiple opposed and unopposed lease renewal cases, dealing with the application of S Franses and the new climate brought about the by Covid-19 Ben has been instructed on a portfolio of 123 lease renewals coming to trial in 2021.
• GKN Aerospace Services Ltd v Duncan Investments Ltd [2020] EWHC 3719 (Ch): a part 8 trial, which then went on appeal, concerning the effectiveness of a break notice.
• Persimmon Homes Limited v Country Weddings (Cardiff) Limited [2020] EWHC 302 (Ch): successfully resisting an application for summary judgment as to whether a restrictive covenant continued to bind relevant land.
• UBS AG v Rose Capital Ventures Ltd [2018] EWHC 3137 (Ch): a complex mortgage possession claim, which was largely disposed of at a 2-day strike out application, which included argument over Braganza rationality of the mortgagee’s decision making (led by Thomas Grant KC).
• A trial concerning whether a lease had been validly excluded from the protections of Part II of the Landlord & Tenant Act 1954.
• Acting for defendant solicitors in a multi-million pound professional negligence claim concerning the alleged grant of rights of light, inhibiting development on neighbouring land (led by Jonathan Seitler KC).
• Acting for owners of the Manchester Ship Canal in their claim against United Utilities for trespass in respect of numerous outfalls discharging treated and untreated sewage into the water (led by Michael Barnes KC and Janet Bignell KC): The Manchester Ship Canal Company Limited v United Utilities Water Limited [2016] EWHC 259 (Ch).
• Acting for a famous chef against the landlord of one of his restaurants, who claimed he was entitled to a personal guarantee from the The chef argued that the personal guarantee was not executed either by him, or with his authority (led by Jonathan Seitler KC): Gordon Ramsay v Love [2015] EWHC 65 (Ch).
• Appearing in the Court of Appeal in a case concerning the time limits within which to make an application to register land as a town or village green (led by Jonathan Karas KC): R (Church Commissioners for England) v Hampshire CC [2014] EWCA Civ.
• Herrmann v Withers [2012] EWHC 1492 (Ch) (led by Jonathan Seitler KC), a successful claim brought against residential property conveyancers, which raised difficult issues of mitigation of loss.

Ben is the co-editor of the current edition of Butterworths Property Handbook, and the  editor of the sections on unfair terms in tenancy agreements and on Commonhold tenure in Hill and Redman. He is also the co-editor of the Wilberforce Chambers books Current Issues in Nuisance and Trespass and Development Disputes: current issues for property litigators.

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