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Carl Brewin
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Carl Brewin specialises in land and real property, landlord and tenant law and commercial law work related to property transactions.

He receives instructions from commercial enterprises, property managers and large landlords, insurers, as well as private individuals. He also accepts instructions from members of the public on a direct access basis.

Carl is a confident and firm advocate. He is known for giving clear and concise advice that enables clients to understand their legal position and what that means for them in practical terms. He has a wide range and experience of advisory work, drafting and advocacy in the courts and property chamber tribunals. Carl is also an accredited mediation advocate.

Carl studied Russian and Politics. Before coming to the Bar, he worked in a busy solicitors’ office and for a city based firm of corporate governance consultants advising pension funds and other large investors.

In alpine ski season Carl can be seen on the slopes attempting to match Eddie the Eagle’s finest achievements. For the rest of the year he can be seen mostly recovering from those attempts.

Commercial Landlord & Tenant

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 is regularly instructed in relation to forfeiture proceedings (seeking forfeiture, wrongful forfeiture and relief applications) for arrears and breach of covenant, particularly pubs and other licensed premises, including obligations to buy tied products and services.

Recent work:

  • Advising landlord on its repairing obligations with regard to inherent defects in period property.
  • Advising a tenant on landlord’s intention and opposition to renewal under section 30(1)(g), drawing analogies with the decision in Gulf Agencies Ltd v Ahmed [2016] EWCA Civ 44, and to renewal under section 30(1)(a), (b), (c) and (g) and dealing with tenant’s compensation.
  • Advising landlord on enforceability of option to purchase and opposition to lease renewal.
  • Advising on appeal regarding for interim rent, defences based on waiver and/or estoppel.
  • Acting for landlord in trial for recovery of over £300,000 arrears based on overriding lease. Tenant unsuccessfully sought to rely on duress and surrender and regrant in favour of sub-tenant.
  • Obtaining injunction against tenant to ensure compliance with lease purchasing obligations of tied products.
  • Acting for occupier of hotel and restaurant with poorly drafted licence agreement seeking recognition as business tenant and renewal of tenancy.

Leasehold & Leasehold Management

Carl deals with all matters and issues arising from residential landlord and tenant disputes, including unlawful eviction. He acts for both landlords and tenants. He also regularly acts for leaseholders, management companies and freeholders in relation to service charge disputes before the First Tier Tribunal (Property Chamber).

Carl also advises and acts on both leasehold enfranchisement and lease extension claims. He has appeared in cases involving residential disrepair and antisocial behaviour injunctions for housing association landlords and tenants.

Recent work:

  • A claim for possession and rent arrears with counterclaim that landlord’s agent unlawfully evicted disabled tenant.
  • Defending a claim by a long leaseholder for breach of repairing covenant and counterclaiming for breach of no alteration covenant. Complicated by lease extension proceedings where the parties disagree on the demise layout and plan.
  • Acting for long leaseholder in claim against management company and freeholder regarding new build high rise and water penetration. Issues of correct identity of defendant, causation where additional floors added to development, and dealing with claims on NHBC cover.
  • Acting for management company in relation to service charge dispute and validity of demands served and recoverability of sums already paid by leaseholders. Issues include application of company resolutions to shareholder and leaseholder obligations.
  • Advising on validity of notices and steps to find missing landlord and Part 8 claims where freeholder seeks deemed withdrawal of notice to extend lease.
  • Cos Services Ltd v Nicholson and Willans [2017] UKUT 382 (LC) (recovery of insurance premiums and reasonableness of service charges).
  • Re Longden Mill, Nottingham BIR/00FY/LSC/2014/0022 and BIR/00FY/LDC/2015/0005 (Recoverability of full roof replacement versus recovery to industrial mill converted to residential accommodation).
  • Patel v Quadron Investments Limited (2010) LON/00BB/LSC/2009 and 017) (service charge dispute).

Real Property & Mortgages

Carl advises and acts for sellers and purchasers on issues arising out of the sale of properties, including land registration, orders for sale, injunctive relief and committal, breach of contract, misrepresentation and failure to complete. He 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. Carl is experienced in acting and advising on TOLATA claims.

Recent work:

  • Advising and acting on appeal of Party Wall Award.
  • Advising on a developer’s liability in a multi-block high rise development for potential claims from housing associations, private leaseholders and shared owner, concerning the design and installation of defective fire preventative measures.
  • Advising on enforceability of restrictive covenants in relation to use for which planning permission likely to be granted.
  • Acting in boundary determination trials, defences of boundary agreement and/or proprietary estoppel.
  • Advising on application for permission to appeal to the Court of Appeal following successful 3 day trial of boundary dispute. Permission sought based on alleged forgery of pleading and omission of land registration documentation.
  • Particularising a rectification and alteration claim based on wrong plan and dealing with tenants’ assertions that Part II of the Landlord and Tenant Act 1954 should not be excluded.
  • Advice on claim for diminution in value to client’s home where sale to potential purchaser fell through due to neighbour’s conduct in dealing with boundary dispute.
  • Application dealing with liability for tenant’s repairs based on judgment where tenant failed to pursue or act for nearly 10 years, and successful reliance on limitation defence.
  • Taylor v Diamond [2012] EWHC 3008 (Ch); [2012] EWHC 2900 (Ch) (applications to vary an order for sale following sale of property at auction and applications to vary appointment of estate agents, appeal against interim orders and proceedings dismissed).
  • Diss v Quinlan 2012/0951 Adjudicator to HM Land Registry (adverse possession based upon unconscionable behaviour because of an equity by estoppel).

Professional associations

  • Chancery Bar Association
  • Property Bar Association
  • Professional Negligence Bar Association
  • London Common Law and Commercial Bar Association
  • Freehold

Qualifications

  • BSc (Hons) London School of Economics
  • Graduate Diploma in Law – Nottingham Law School
  • Bar Vocational Course – Nottingham Law School
  • Accredited Mediation Advocate
  • Diplock Scholar of the Middle Temple

Publications

Contributor to Risk & Negligence in Property Transactions (The Law Society) – publication late 2018.

CSR

Carl is Chair of Governors at Comber Grove Primary School in Camberwell and recently completed a tough mudder challenge in aid of Mind the mental health charity. He is currently “in training” for a half marathon in support of Alzheimer’s Society.

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