Greg Barnbrook

Greg advises clients on a wide range of commercial property disputes and involving complex issues around leases, covenants, enforcement, and property development.

• Advised a large group of landlord companies across a portfolio of properties with retail and leisure tenants affected by closure due to COVID-19. Advice included the effect of the moratorium on forfeiture in the Coronavirus Act 2020, issues caused by tenant insolvency and CVAs, and negotiating and drafting an agreement across 20 sites tenanted by a large national restaurant chain.
• Acted on behalf of individuals and BVI companies in a High Court claims (Galazi & Anor v Christoforou & Ors HC-2016-001224 & BL-2018-001875) concerning monies entrusted for investment in central London property. The claims were concerned with the misappropriation of substantial sums in rental and other income, the unauthorised sale of one of the properties, and the unauthorised transfer of security in one of the properties.
• Successfully represented the Respondent in the Court of Appeal (Bright Asset Ltd v Simon Lewis [2011] EWCA Civ 122) following a trial regarding an agreement entered into between a shareholder and managing director.
• Advised a property investment group in relation to a multi-million-pound set of disputes across their portfolio including fractional ownership issues, recission of sale contracts, negligence of previous advisers, contract variations and the administration of developers. This included High Court proceedings in relation to applications by administrators (of an uncompleted development invested in) for the sale of property, the recovery of purchase monies and the priority of the client’s security over investment properties.
• Advised two large national restaurant chains in relation to a site share of a prime London site (worth in excess of £400K per annum) resulting in a successful negotiation for the clients with the landlord.
• Advised a large international (Holland-based) logistics client in relation to an early break on a lease for a very large warehouse in Essex. This included advice in relation to giving vacant possession in a way which ensured that the break was effective and the client was not held into the remaining term (as per Marks and Spencer plc v BNP Paribas) resulting in an unwanted lease with a total remaining value in excess of £3m. A further beneficial settlement was then negotiated in relation to dilapidations which involved repairs alleged in excess of circa £200K–£300K.
• Extensive experience of advising casual-dining restaurant chains and landlords in the sector in relation to a wide range of commercial landlord and tenant issues including lease renewals, dilapidations, rent review, break notices, alienation and consents to carry out works.
• Acted for Various Eateries Plc in relation to their Coppa Club chain of restaurants and, in particular, advised them and acted for them in a multi-million pound real estate dispute.
• Acted for the owner of a Central London BnB in defending possession proceedings by a bridging lender. The Assets involved were in the region of £15million. The case raised important questions in relation to penalties versus default interest being applied for a legitimate business reason in a loan contract.
• Acted for the V&A Museum in relation to a confidential high-value real estate dispute and advised them generally in relation to various property litigation issues.

Greg advises on residential property disputes, including claims under TOLATA, proprietary estoppel, occupation issues, and possession proceedings.

• Acted for the leaseholder-owned landlord company of a large residential London block in relation to claims in the First-tier Property Tribunal (with over 100 respondents) regarding fire safety issues including cladding replacement, wooden balconies and unsafe cladding. This includes advice and claims in relation to the Building Safety Act 2022, Remediation Contribution Orders against developers and PAS9980 fire risk appraisal.
• Successful settlement of a case involving an investment into a £3m property fraud (which came to light following the death of the fraudster). The money was invested via a third party who had given a personal guarantee.
• Secured a beneficial settlement for a client in relation to a portfolio of properties worth approximately £2.5m originally subject to foreign court orders and subsequently two appeals in the foreign jurisdiction. The litigation then proceeded with beneficial interest claims in England.
• Acted for a professional landlord against a neighbouring freeholder and their insurer in relation to several residential properties for loss of rent caused by fire damage blocking the only access to the flats for a period in excess of three years. The matter eventually settled and a six-figure sum was obtained for the client.
• Appeared as the advocate in the High Court for the defendant to an unspecified damages claim made by the defendant’s tenant. The claim involved multiple parties including an international telecoms company and a local authority. Succeeded in having the claim struck out and obtained an order for the client’s costs to be paid by the claimant.
• Regularly instructed by a well-known national letting agency, advising them on all matters relating to residential tenancies including possessions (using accelerated and standard procedures), rent arrears, dilapidations, interference with goods, and access/inspections.

Greg’s practice has a focus on rural land disputes and agricultural tenancies (residential tenancies, farm business tenancies and licences) including possession proceedings, rights of way, prescriptive rights, nuisance, adverse possession, and development issues.

• Successful appeal in the Upper Tribunal (T Hilling & Co Ltd Re Tixley, Hookstone Lane [2016] UKUT 60 (LC)). The case involved a fair rent under the Rent (Agriculture) Act 1976 and the appeal was successful on the sufficiency of reasons ground. The Upper Tribunal also considered the scope of the FTT’s jurisdiction under Part IV of the Rent Act 1977 when a party objects to the rent registered by a rent officer. The appeal has been the subject of several articles.
• Acted for clients in a discharge/modification of covenant claim (restrictive covenant relating to erection of wall or fence in a rural location) in the Upper Tribunal (Davie & another, Re: 15 Arun Vale [2016] UKUT 0462 (LC)). Subsequently acted in the related costs proceedings.
• Acted for a large farm park in the Land Registration Division of the Property Chamber (First-tier Tribunal) in relation to a claim for a prescriptive right of way over neighbouring land to allow access for commercial vehicles. A successful settlement was negotiated on the first day of trial.
• Acted for the landlord, including appearing as the advocate, in the First-tier Tribunal (Property Chamber) in the determination of a Fair Rent payable by a tenant protected by the Rent (Agriculture) Act 1976 (Case Ref: CHI/43UJ/F77/2015/0033).
• Advised a large agricultural landowner in relation to succession rights of agricultural tenants.
• Advised a landlord regarding moving a protected agricultural tenant to a new property to allow the landlord to use the currently occupied property for himself/his family.
• Acted in a large number of rural land disputes including claims regarding rights of way, prescriptive rights, nuisance (including nuisance caused by drainage from neighbouring land), adverse possession, licences (including grazing licences), rights to light and possession of property.
• Advised Royal Horticultural Society (RHS), the UK’s leading gardening charity, on various contentious matters at their Wisley Estate in Surrey.

Recognised by The Legal 500 for Property Litigation 2022–2026

Recognised by The Legal 500 for Property Litigation 2016–2020

Member of the Property Litigation Association

Member of the Solicitors Association of Higher Court Advocates