Biography
Ben specialises in property related disputes. He has significant experience of advising landlords, tenants, investors and corporate occupiers on the full range of property management issues such as lease renewal and termination (through court proceedings, break notices and forfeiture) dilapidations, rent arrears and tenant insolvency.
Ben also regularly advises landowners and developers on development constraints and title issues such as restrictive covenants, easements, boundary disputes and adverse possession claims.
Ben is particularly experienced in telecommunications and disputes arising under the Electronic Communications Code. He regularly deals with requests for interim and permanent Code rights and lease renewal and termination proceedings both in the First Tier Tribunal and County Court. In particular, Ben advises landowners on:
- The termination of telecoms leases and the removal of equipment often to enable redevelopment projects
- Telecoms lease renewal proceedings and the service of notices on operators to commence the renewal process.
- Requests by operators for rights to inspect and survey land to assess its suitability for telecoms equipment.
Key highlights
- Advising a major landlord on a landmark £300 million mixed-use redevelopment project in Manchester City Centre. Ben acted as the lead litigator in devising and implementing a detailed vacant possession strategy, advised on complex development constraints and risk mitigation strategies and rights to light issues.
- Advising a nationally renowned property consultancy company on the relocation of its flagship London head offices which included the successful settlement of court proceedings to terminate its existing lease and dealing with a high value dilapidations claim.
- Acting for an international property company in successfully pursuing a guarantor based in America for rent arrears of over £1.2 million owed by a U.K. based leisure operator. This entailed working closely with a leading U.S based law firm to pursue insolvency proceedings against the guarantor in the U.S alongside insolvency proceedings against the tenant in the UK.
- Advising a major London airport on various property management issues such as opposed lease renewals, rent arrears and tenant insolvency.
- Advising a number of local authorities on the grant of interim rights under the Electronic Communications Code through Tribunal proceedings to protect public assets from long term risks of the Code.
- Providing strategic advice to various developers, universities and other education providers on matters arising under the Electronic Communications Code often successfully securing the termination of telecoms leases for redevelopment.
- Advising an internationally renowned luxury car manufacturer on the termination of a telecoms lease through successful use of court proceedings as part of a major redevelopment of its production plant and head offices.
Publications
Ben is regularly published in leading journals such as Estates Gazette, Property Week and Co-Star. He has also been asked to present to the RICS on various training days and conferences across the country as well as NARA (the Association of Property & Fixed Charge Receivers).
