+44 (0)20 7353 2484 clerks@falcon-chambers.com

Adam Rosenthal

Called 1999

Adam Rosenthal

Adam Rosenthal’s practice encompasses all aspects of real property and landlord and tenant-related litigation and advice. Real property-related cases in which he has been involved cover a broad spectrum, from easements and restrictive covenants to conveyancing and development contracts. He also undertakes mortgage-related work and is a co-editor of the leading work on land options, advising regularly in relation to both freehold and leasehold options. Adam is regularly instructed in relation to most aspects of landlord and tenant litigation, including rent review, service charge disputes, business tenancies and possession claims. His practice also extends to related professional negligence and insolvency issues. He has appeared as an advocate in the County Court, High Court and Court of Appeal and both the Leasehold Valuation Tribunal and the Lands Tribunal. Some of his reported cases are listed below.

  • Education
    • St. Catherine's College, Oxford University - BA (1998) (Law with French Law): 1st Class; College Scholarship.
    • Université Panthèon-Assas (Paris II) (Third Year of Degree).
    • Fluent in French.
  • Professional
    • Gray's Inn (Prince of Wales Scholarship).
    • Inns of Court School of Law.
    • Appointed Junior Counsel to the Crown - A Panel.
  • Recent Cases
    • Curzon v Wolstenholme [2017] EWCA Civ 1098: appeared for the successful appellant in an appeal to the Court of Appeal concerning registration of notices under the Leasehold Reform, Housing and Urban Development Act 1993.
    • Levett-Dunn v NHS Property Services Limited [2016] EWHC 943 (Ch): whether break notices validly served at premises with which none of the landlords retained any connection at the time of the notices, under s.196 of the Law of Property Act 1925 and, in the alternative, whether the lease had been surrendered on the grant of a new lease to a third party by the landlord.
    • A2 Dominion Homes Limited v Prince Evans Solicitors [2015] EWHC 2490 (Ch): acted for solicitors in trial of preliminary issue in professional negligence claim, as to whether the priority protection of a unilateral notice entered to protect an agreement for lease extended to the lease, once granted.
    • Generator Developments LLP v Lidl [2016] EWHC 814 (Ch): whether a Pallant v Morgan equity arose where parties failed to agree terms for a joint venture.
    • Creative Foundation v Dreamland Leisure Limited [2015] EWHC 2556 (Ch), [2016] Ch. 253: claim by assignee of reversion under a lease, in respect of the removal by the tenant of a cross-section of the wall on which a Banksy mural had been painted.
    • Mount Eden Land Limited v Bolsover Investments Limited [2014] EWHC 3523 (Ch): whether a landlord was unreasonably withholding consent to alterations where a tenant sought consent to convert offices into flats and the landlord withheld consent on the ground that the tenant and / or sub-tenants of the flats might acquire rights of enfranchisement.
    • Erimus Housing Limited v Barclays Wealth Trustees (Jersey) Limited [2014] EWCA Civ 303: appeal to the Court of Appeal about whether a commercial tenant who held over after the expiry of a contracted out lease became an annual tenant as a result of the continued payment and acceptance of rent.
    • Xenakis v Birkett Long LLP [2014] EWHC 171 (QB): trial of a professional negligence claim against a solicitor arising out of advice given about the terms of a surety covenant in a commercial lease. The court was concerned with questions of breach of duty and causation, and whether the losses claimed were the losses of the claimants or a third-party corporate entity which they controlled.
    • Sumner v Costa [2014] EWHC 96 (Ch): applications for permission to appeal and / or to set aside an arbitration award in a commercial rent review, together with an application to remove the arbitrator and for the arbitrator to pay the landlord’s costs.
    • Henley v Cohen [2013] EWCA Civ 480. Appeal to the Court of Appeal on whether a mixed-use property is a house reasonably so called for the purposes of the Leasehold Reform Act 1967. The court also held that a tenant was precluded from relying on alterations to the premises in breach of covenant in order to invoke the benefits of the Act.
    • Ampurius Nu Homes Holdings Limited v Telford Homes (Creekside) Limited [2013] EWCA Civ 577. Appeal to the Court of Appeal about whether a developer's breach of a sale agreement, by failing to proceed with due diligence / use reasonable endeavours to meet target dates, was a repudiatory breach entitling the purchaser to terminate the agreement.
    • Ridgewood Properties Group Ltd v Valero Engery Ltd [2013] EWHC 98 (Ch). Claim for damages for breach of option agreements.
    • Eaton Square Properties Limited v Shaw [2011] EWHC 2115 (QB); [2011] 3 EGLR 13: whether a landlord of a dwelling owed the tenant a duty in tort to prevent the tenant from losing out on profits from a business venture which was hampered by the landlord’s failure to carry out works required to the dwelling.
    • Tingdene Holiday Parks Limited v Cox [2011] EWUT 310 (LC); [2011] 3 EGLR 30: appeal to Upper Tribunal (Lands Chamber) on various issues arising out of a service charge dispute concerning a holiday village.
    • Pinkleton Properties Limited v Dorchester Holdings Limited [2011] EWHC 2801 (Ch): application for an injunction to restrain the presentation of a winding up petition. Application dismissed on ground that the argument which the company sought to raise was res judicata, having been the subject of earlier proceedings which resulted in a default judgment.
    • Winwood v Biffa Waste Services Limited [2011] EWCA Civ. 108: Appeal on question of construction of a lease of a landfill site, as to whether the tenant is subject to a continuing duty to apply for planning permissions and site licences to maximise the potential of the site under the relevant environmental legislation.
    • Sable v QFS Scaffolding [2010] L & TR 30; [2010] EWCA Civ. 682: Surrender by operation of law of commercial lease.
    • Tew v South Northamptonshire Council [2010] UKUT 333 (LC): Upper Tribunal, Lands Chamber decision on assessment of compensation payable for compulsory purchase of a derelict building under the Planning (Listed Buildings and Conservation Areas) Act 1990. 
    • Redstone Mortgages Plc v Welch [2009] 3 EGLR 71: Questions of priority as between a mortgagee and the innocent victim of a fraudulent sale and lease-back transaction.
    • Nissim v Ablethird Limited [2009] EWHC 585 (Ch): Reference to the High Court under the Arbitration Act in a rent review arbitration to determine whether concessionary rent to be included as a term of the hypothetical lease.
    • Re Rest Harrow, 14 The Combe - Lands Tribunal (LP/56/2007): Application to the Lands Tribunal under section 84 of the Law of Property Act 1925 for the modification of restrictive covenants preventing development.
    • Looe Fuels Limited v. Looe Harbour Commissioners [2008] EWCA Civ. 414 (Court of Appeal): specific performance of oral agreement for lease of fuel facility in Looe Harbour and injunction to restrain derogation from grant.
    • Peaceform Limited v. Cussens [2007] 3 EGLR 67 (Chancery Division): validity of option notice.
    • Denton v Denton (The Times, 14 April 2004) (Costs; Conditional Fee Agreements; Construction of solicitors' retainer letter).
    • Owen v Blathwayte [2003] 1 P & CR 28 (Construction of grazing rights over common land).
    • Melville v Hammersmith & Fulham London Borough Council [2002] All ER (D) 242. (Limitation periods and local land charges).
  • Publications
    • Commercial and Residential Service Charges (2013, Bloomsbury): Co-Author.
    • Co-Author of Barnsley's Land Options (6th Edition) (2016).
    • Contributor to Fisher & Lightwood's Law of Mortgage (14th Edition) (2014).
    • Contributor to Woodfall Landlord & Tenant Bulletin.
“Widely recognised as a high-level junior in his field. His main areas of focus include landlord and tenant litigation, restrictive covenants and insolvency issues. Strengths: ‘He is very bright, he knows his stuff, and he is very good on his feet in court.’ ‘Ticks every box and I strongly suspect that he will be a QC before too long.’ Recent work: Successfully represented Prince Evans LLP in a land registration and professional negligence claim brought against it by A2 Dominion Homes.” Chambers UK Guide 2017 (Real Estate Litigation)
"Very bright and tactical, easy to work with."Legal 500, 2016
More published comments