Home > Our people > Barristers > Alexander Bastin
Alexander Bastin
  • We take data and privacy issues very seriously. See our privacy policy.

Intellectually outstanding yet down to earth

Legal 500

Alex specialises in all aspects of property-related litigation and advisory work and has been described by fellow property professionals as “an excellent trial advocate” (Chambers UK), “someone who ‘thinks outside the box and provides creative solutions” (Legal 500).

Alex appears regularly in the High Court, County Court, Upper Tribunal (Lands Chamber) and First Tier Tribunal (Property Chamber).  He is licensed to accept Direct Access instructions and is an ADR accredited mediator.

He has experience of both sides of the legal profession having spent a year as an employed barrister at the global legal services provider Mayer Brown International LLP.

Outside of work, Alex is a father of four, a keen road race cyclist (Cat 3), Chairman of London Dynamo (a 500 member road race cycling club based in South West London) and a UK Anti-doping Accredited Advisor.

Commercial Landlord & Tenant

Alex advises on all aspects of commercial landlord & tenant law including forfeiture (and relief from forfeiture), breaches of covenant, consents, construction of terms / clauses, dilapidations, injunctions, lease renewals, unlawful eviction and service charge disputes.

Alex has particular experience of and interest in disrepair, service charge disputes, lease-related costs disputes and forfeiture.

Recent work

  • Benitez v London Borough of Islington [2017]: Acted for the successful claimant leaseholder in very hard-fought litigation against the local authority which covered a wide variety of the different aspects of disrepair as well as many costs-related issues.
  • Khan, Khanam & Warman v Optivo Ltd v MyBase1 RTM Ltd [2017]: Acting for Optivo Ltd in this multi-handed dilapidations dispute re a multi-million pound Belvedere Buildings development of private and social housing plus commercial premises near the river in Southwark, London, where the developer has gone into liquidation.
  • MAC-RK v Jasrai [2017]: Acted for a former landlord at trial successfully claiming sizeable arrears of rent on commercial premises where the tenant defended on the basis that (a) he had made cash and other payments, and (b) various agreements had been made which he had kept to.
  • C v H [2017]: Acting for a leaseholder in lease extension proceedings who has, having got a favourable determination in the FTT, had to seek an Order in the County Court compelling the freeholder to complete.
  • S Franses v The Cavendish Hotel (London) Ltd  [2016]: Advising and representing the commercial lessee of premises in Jermyn Street in respect of (a) threatened forfeiture proceedings, and (b) lease renewal proceedings. The proceedings were eventually reported at [2017] EWHC 1670.
  • M v Willow Court Management Company [1985] Ltd v Alexander [2016] UKUT 290 (LC): Acted for the successful lead appellant in three joined appeals to the Upper Tribunal (Lands Chamber) on the issue of costs for ‘unreasonable conduct’ pursuant to Rule 13(1)(b) Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.  This is the leading case on the subject.
  • OM Property Management Ltd v Hughes & Others [2014] UKUT 9 (LC): Acted for the successful appellant on appeal to the Upper Tribunal (Lands Chamber) in one of the first post-Daejan Investments Ltd v Benson cases on dispensation pursuant to Section 20ZA(1)  Landlord & Tenant Act 1985 from the statutory requirement to consult lessees.
  • Plantation Wharf Management Co Ltd v Jackson & Irving [2011] UKUT 488 (LC): Acted for the successful applicant landlord in service charges recovery proceedings and subsequent administration charges proceedings both in the LVT and in two successful appeals to the Upper Tribunal in respect of costs.

Housing (Social & Privately Rented)

Alex acts for social landlords (both Local Authorities and Registered Providers) on all landlord and tenant aspects of housing litigation matters. These include periodic tenancy issues such as possession, disrepair, unlawful sub-letting / parting with possession, anti-social behaviour, property-related discrimination, right to buy and breach of tenancy.

Many social landlords also use Alex for their long lease and commercial premises related litigation where his extensive knowledge of the fundamental principles of property law (which many housing specialists do not have) can make a difference.

Alex has a particular interest in disrepair and his disrepair practice ranges from the trivial to multi-claimant, block-wide disputes where his clients hold intermediate leases.  He is the author of the Disrepair chapter in Lexis Nexis’ “Social Housing Law in Practice” and usually has between 10 and 20 disrepair claims running at any one time), ASB (including committal proceedings) and unlawful sub-letting.  He has conducted a very large number of trials in these fields.  Alex’s disrepair practice ranges from the trivial to multi-claimant, block-wide disputes where his clients hold intermediate leases.

He does not do homelessness or judicial review.

Relevant work

  • Khan, Khanam & Warman v Optivo Ltd v MyBase1 RTM Ltd [2017]: Acting for Optivo Ltd in this multi-handed dilapidations dispute re a multi-million pound Belvedere Buildings development of private and social housing plus commercial premises near the river in Southwark, London, where the developer has gone into liquidation.
  • S, P & T v X  [2017] :Advising a leading registered provider in respect of disrepair claims brought against it arising from a third party’s use of ground floor commercial premises as a gym / swimming pool (hot – and moisture-laden – air rises).
  • Hyde HA v Munyikwa [2017]: Acting for the successful landlord in a possession claim that went to trial where the Defendant alleged (a) non-service of a Section 21 Notice, and (b) failure to return a deposit.
  • Metropolitan HA v Alam [2017] Acted for the successful landlord following a three-day trial of a possession claim where the tenants argued that they had mistakenly given notice to quit due to language difficulties.
  • RBKC v Thomas [2017]: One of several cases in which Alex is acting for a landlord defending a right-to-succeed claim based upon a wide range of public law and discrimination grounds.
  • City & North Mill RTM Company Ltd v L&Q [2017]: Advising a Registered Provider in respect of a claim for the right to manage made in respect of a attached multiple blocks of flats with a very complex architectural structure relevant as to whether the RTM was entitled to acquire the right.
    Humphries v Koroma & RHP [2017]: Acting for a registered provider alleged to have adopted the nuisance of its assured tenant of an upstairs flat in a converted house.
  • London Borough of Redbridge v Kuta-Dankwa [2017]: Acted at first instance and on appeal for the successful local authority landlord resisting a long leaseholder’s attempts to set aside judgments for service charges arrears.
  • Water charges and challenges to rent increases: Advising leading Registered Providers as to (a) the recovery of water charges, and (b) whether annual rent increases had been lawful.
  • Network Homes Ltd v Harlow [2018] EWHC 3120 (Ch)
    Acted for the successful appellant landlord in appealing HHJ Luba QC’s construction of the tenancy agreement with regard to access to carry out improvements.
  • London Borough of Brent v Almeida (Harrow Crown Court)
    Acted on a successful appeal against sentence for breach of HMO licensing conditions:  fine reduced from £30,000 to £10,000.

Leasehold & Leasehold Management

Alex has a great deal of experience in service charge and leasehold management work, in particular complex service and administration charge recovery claims, major-works related litigation, right to manage applications, construction of lease terms and the whole range of breach of covenant-related matters (i.e. user, parting with possession, disrepair, quiet enjoyment, et cetera).

He regularly drafts Particulars of Claim, Defences and Statements of Case in County Court arrears claims and FTT determination claims, as well as presenting cases at hearings.

Recent work

  • Willow Court Management Company [1985] Ltd v Alexander [2016] UKUT 290 (LC)
    Acted for the successful lead appellant in three joined appeals to the Upper Tribunal (Lands Chamber) on the issue of costs for ‘unreasonable conduct’ pursuant to Rule 13(1)(b) Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.
  • OM Property Management Ltd v Hughes & Others [2014] UKUT 9 (LC)
    Acted for the successful appellant on appeal to the Upper Tribunal (Lands Chamber) in one of the first post-Daejan Investments Ltd v Benson cases on dispensation pursuant to Section 20ZA(1)  Landlord & Tenant Act 1985 from the statutory requirement to consult lessees.
  • Plantation Wharf Management Co Ltd v Jackson & Irving [2011] UKUT 488 (LC)
    Acted for the successful applicant landlord in service charges recovery proceedings and subsequent administration charges proceedings both in the LVT and in two successful appeals to the Upper Tribunal in respect of costs.
  • Alexander v Willow Court Management [198] Ltd [2018] EWCA Civ 2325
    Acted for the successful respondent landlord on the leaseholder’s appeal to the Court of Appeal against a Circuit Judge’s refusal to adjourn her appeal when the leaseholder could / did not attend the hearing.
  • Network Homes Ltd v Harlow [2018] EWHC 3120 (Ch)
    Acted for the successful appellant landlord in appealing HHJ Luba QC’s construction of the tenancy agreement with regard to access to carry out improvements.
  • London Borough of Brent v Almeida (Harrow Crown Court)
    Acted on a successful appeal against sentence for breach of HMO licensing conditions:  fine reduced from £30,000 to £10,000.

Real Property & Mortgages

Alex is experienced in a broad range of land/real property matters such as adverse possession, boundaries, mortgages, nuisance, party walls, restrictive covenants, rights of way/easements and trespass as well as issues arising out of the sale of properties (eg breach of contract/misrepresentation, failure to complete).

Alex is also experienced in Trusts of Land & Appointment of Trustees Act 1996 matters acting for both claimants and defendants in co-ownership of property disputes (including family disputes as to beneficial interests following exercise of the right to buy).

Recent cases

  • CH&S v Port of London Authority [2017]: A highly unusual case (perhaps the fourth in 160 years) concerning deepwater and onshore moorings and ‘lighter roads’ (aka barge moorings) on the tidal Thames with Alex’s client seeking to establish ancient mooring rights by proving their continued existence since prior to Michaelmas Day 1857.
  • BV v SI Ltd [2017]: Acted on an emergency basis for the owner of a Birmingham city centre building where the neighbouring building was undergoing demolition works and on the verge of catastrophic collapse.
  • London Borough of Hillingdon v X [2017]: Representing five leaseholders who are defending a trespass-based possession claim brought by LB Hillingdon on the basis of adverse possession.
  • A, B & C v London Borough of Camden [2017]: Acted for three property owners in a tree root compensation claim in the Upper Tribunal (Lands Chamber) brought pursuant to Section 203 Town & Country Planning Act 1990 following the London Borough of Camden’s refusal of consent to fell a protected tree whose roots then caused property damage.  Settled at mediation.
  • Landrose Developments Ltd v Al Wadi [2017]: Advising and representing the owner and developer of commercial property in respect of a neighbouring owner’s trespass.  Settled at mediation shortly before trial.
  • Linehan v Adele & Adele [2017]: Represented the defendants at the trial of a right of way injunction and damages claim.
  • Jamali & Yamini v Homayoun [2016]: Acted for the successful claimants in recovering damages for breach of contract from a purchaser of restaurant premises in Harrow who had exchanged contracts and entered into occupation prior to completion but refused to complete.
  • Gill v Dent [2016]: Acted for the successful claimant in a boundary dispute where the defendant had built over the boundary line.  The matter required the Court to determine the boundary line as there were no definitive plans and old features that had marked the boundary had been removed.
  • Lynch v Porteous & 30 others [2016] UKUT 0488 (LC): A rare example of a restrictive covenant case reaching trial in the Upper Tribunal (Lands Chamber).  Concerned a modify / discharge application under grounds (a) and (aa) of s. 84(1) Law of Property Act 1925 with the issue being whether the covenant preventing development had become obsolete and was impeding reasonable development of land where the character of the land had changed.  The Decision outlined the Tribunal’s powers to modify restrictive covenants and when such powers should be used and what compensation should be paid.
  • R v R [2016]: Advising a claimant as to claiming possession of residential property where there were complex issues of fact relevant as to various parties’ beneficial ownership of various high value properties in West London.
  • Stevens v Aitken [2016]: Acted for the claimants seeking an Inquiry and an Account in a breach of trust matter concerning a trust left by the parties’ parents.

Trusts of Land

Alex is experienced in Trusts of Land & Appointment of Trustees Act 1996 matters acting for both claimants and defendants in co-ownership of property disputes.

Relevant work

Samson v Gardner [2009] EWHC 3309 (QB)
Constructive trusts and the presumption of advancement.

Professional Associations

Property Bar Association

Publications

Disrepair chapter in Lexis Nexis’ “Social Housing Law in Practice”

Qualifications

  • BA (Hons)
  • LLB (Hons)

Recommendations

Alex is recommended as a leading junior for property litigation by Legal 500. They state:

  • He is clear and thorough in his advice and goes beyond for clients.
  • He is intellectually outstanding yet down to earth; he thinks outside the box and provides creative solutions.
  • He is clear and succinct in his opinions while being incredibly persuasive and compelling.
  • In a case where you can’t see the wood for the trees, he will provide clarity.
  • Handles all complex property disputes very well without getting flustered.
Menu