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Benjamin Faulkner

Call: 2008   

+44 (0)20 7306 0102bfaulkner@wilberforce.co.uk

Property

Ben’s practice focuses on all aspects of real property and landlord and tenant related litigation and advice. He is regularly instructed on disputes in the County Court, Senior Courts and the Tribunals. He is frequently instructed in cases under Part II of the Landlord & Tenant Act 1954.

In consecutive years (2018 and 2019) Ben was one of three nominated by Chambers & Partners as Real Estate Junior of the Year. The property category of Chambers & Partners 2020 says he is “very hands-on and willing to delve into the gritty details of the matter” and “hard-working and meticulous”. He has previously been described as “energetic, responsible and user-friendly”. “He is incredibly thorough and leaves no stone unturned. He provides really good commercial advice.”

The Legal 500 2020 property litigation category says “he is super bright, spots every point going and can tackle absolutely any question.”

In 2018, led by Joanne Wicks QC, 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 was instructed in the complex Manchester Ship Canal litigation (led by Michael Barnes QC and Janet Bignell QC). He was also been instructed in a complex and very high value mortgage possession case (led by Tom Grant QC), which included a successful multi-headed 2-day strike out application.

Recent cases include:

  • S Franses Ltd v Cavendish Hotel (London) Ltd 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.
  • A part 8 trial concerning the effectiveness of a break notice
  • 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 QC).
  • 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 QC and Janet Bignell QC): 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 chef. The chef argued that the personal guarantee was not executed either by him, or with his authority (led by Jonathan Seitler QC): 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 QC): R (Church Commissioners for England) v Hampshire CC [2014] EWCA Civ 634.
  • Resisting an application to the land registry adjudicator to amend the title plan in a boundary dispute, involving complex issues of land registration (led by Jonathan Seitler QC and John Martin QC).
  • Herrmann v Withers [2012] EWHC 1492 (Ch) (led by Jonathan Seitler QC), 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 book Development Disputes: current issues for property litigators.