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Anthony Tanney

Called 1994

Anthony Tanney

Anthony Tanney’s practice ranges broadly across all areas of real estate, both contentious and transactional. He has appeared in cases concerning all sorts of property related topics, including landlord and tenant, property valuation, secured lending, insolvency, land registration, rural affairs, development sale contracts and much more besides. His practice includes a significant proportion of weighty landlord and tenant work (commercial, residential and agricultural) as well as rights of way and other easements, restrictive covenants, options, conditional contracts, trusts of land, insolvency and professional negligence. His experience extends across a wide range of matters concerning investing in, developing, occupying and lending against property, and he has written widely on these topics. He also accepts instructions as an arbitrator, expert and legal assessor in these areas. Away from practice, he is a keen tennis coaching assistant, badminton player, cryptic crossworder and motorcyclist (though never all at once). Some of Anthony’s recent cases appear below.

  • Professional
    • Lecturer in Land and Administrative Law, Durham University 1990-1993
    • Called 1994, Lincoln's Inn
    • Member of ChBA, LCLCBA and PBA
    • Fellow of the Chartered Institute of Arbitrators
  • Recent Cases
    • Oakrock Ltd v Travelodge Hotels Ltd  [2015] BPIR 360 (CVA (company voluntary arrangements), moratoria under insolvency legislation, disrepair).
    • Bird v. Iver Resources (FTT (Property Chamber, Land Registry)) (Discretionary trust, Family Law Act rights, mortgages and secured loans)
    • WHS Retail Holdings v. SEP Properties (2013) (when are the duration, terms and rent of a new lease “agreed” under Landlord and Tenant Act 1954?)
    • Coles Holdings Ltd v. New British Wharf (2013; FTT (Property Chamber Residential Property)) (collective enfranchisement; claim of freehold ransom value) 
    • Spencer v Secretary of State for Defence [2012] L&TR 21 (Arbitration; Agricultural Holdings; Impled Terms; Rent Reviews; Interpretation of contracts)
    • Lejnovarn v Cromwell Mansions Management Co Limited [2012] 2 EGLR 50 (Construction of leases, subsoil, “Iceberg” development)
    • Hopkins v Beacon & Beacon [2011] EWHC 2899 (Ch) (Adverse possession, boundary dispute, procedure for objection to squatter’s application under Schedule 6 of the Land Registration Act 2002 Act; when departure from procedure permissible).
    • Shersby v Grenehurst Park Residents Co Ltd [2009] UKUT 241 (LC) (service charges, reasonableness, construction of contracts).
    • Brightlingsea Haven Ltd v. Morris (No 2) [2009] 48 EG 103 (CS) (damages, equitable remedies, proprietary estoppel)
    • Brighton & Hove City Council v. Audus [2009] 2 EGLR 131 (collateral advantages and redemption of mortgage; clogs and fetters rule).
    • Brightlingsea Haven Ltd v. Morris [2009] 1 EGLR 117 (agreement for lease unenforceable for want of writing; proprietary estoppel and constructive trust; caravan sites and mobile homes).
    • Grosvenor Estates Belgravia v Adams  [2008] RVR 173 (Extensions of time; Leasehold valuation tribunals; Permission to appeal; Time limits)
    • Oakfern Ltd v. Ruddy [2006] 3 EGLR 30 (service charges in mixed use premises; effect of intermediate leasehold interests; reasonableness of service charges)
    • Barclays Bank v Bean [2004] 3 EGLR 71 (Farm business tenancies; Mortgages; Rent; Repossession; Transactions at an undervalue)
    • C A Weber v Railtrack [2004] 1 WLR 320 (notice to quit, deemed service; Article 6 ECHR)
    • McKenzie v McKenzie [2003] 1 P & CR DG6 (beneficial interests, trusts, mortgages, resulting and constructive trusts).
    • Spencer v Secretary of State for Defence [2003] 1 WLR 2701 (boundaries, agricultural holdings, rent reviews, variation od  leases)
    • Marazzi v Global Grange Limited [2003] 2 EGLR 42 (Business tenancies; Landlord and Tenant Act 1954; Renewal of business tenancies; Ground (f); Demolition and Improvements)
    • Yoga for Health v Guest [2002] EWHC 2658 (Ch) (business lease renewal, opposed renewal claims)
    • Maunder Taylor v Blaquiere [2002] EWCA Civ 1633 (breach of covenants, landlord’s powers and duties, leases, manages appointed under Landlord and Tenant Act 1987, repairing covenants, service charges, set off)
    • Jones v Morgan [2002] 1 EGLR 125 (mortgages, options to purchase, redemption of mortgages, unconscionability)
    • Michaels v Taylor Woodrow  [2001] 2 WLR 225; [2001] Ch 493] [2000] 4 All ER 645 (Tort of conspiracy, sale in breach of the Landlord and Tenant Act 1987 Part 1; abuse of process)
    • Gribbon v Luttons Dunford (a firm) (Chancery Division, Jacob J. 10/11/00 (Status of a pre-contractual deposit on the sale of land; duties of a stakeholder; conveyancing)
    • Hannon v 169 Queensgate Ltd [2000] 1 EGLR 40 (construction of additional flats on existing block; implied terms; letting schemes; development).
    • Morgan Sindall v Sawston Farms (Cambridge) Limited [1999] 7 EG 135 (Court of Appeal) (Setting aside of award of an expert valuer appointed under a contract; valuation)
    • Sanctuary Housing v. Campbell [1999] 1 WLR 1279 (Matrimonial home; Occupancy; Possession of land; Secure tenancies; Surrender)
    •  Michaels v Harley House (Marylebone) Limited [1999] 1 All ER 356 (meaning of "disposal" to an associated company for the purposes of Part I of the Landlord and Tenant Act 1987; pre-emption; sale of land)
    • Dunn & Bradstreet v Provident Mutual [1998] 2 EGLR 175 (general agency, break clauses, group companies)
    • McCullagh v Lane Fox (a firm)  49 Con. L.R. 124; [1996] P.N.L.R. 205; [1996] 1 E.G.L.R. 35; [1996] 18 E.G. 104; [1995] E.G. 195 (C.S.); [1995] N.P.C. 203; Times, December 22, 1995 (Estate agents, negligent misstatement, misrepresentation, negligence)
  • Publications
    • Contributor to Fisher & Lightwood's Law of Mortgage, Eleventh edition. (2002)
    • Contributing editor to the "Woodfall - What's New?" monthly CD/ROM service.
    • Tanney & Travers on Distress for Rent (Jordans 2000)
  • Articles

    Anthony regularly writes for legal periodicals, as well as giving lectures and training. A selection of his publications appears below:

    • “Sign of protest” (2016) SJ 160(35), p. 30 (easements, prescription, parking and nec vi)
    • “Landlord's disrepair claims: essential guidance for tenants” (2014) IHL 220, p. 40 (Breach of covenant; Measure of damages; Repair covenants; Schedule of dilapidations; Tenants' duties)
    • “Putting a price on turnover” (2013) EG 82 (Business tenancies; Leases; Renewal; Rent reviews; Rental value; Turnover rents; Valuation)
    •  Constructive trusts to grant leases: have we not been here before? (2012) 16(2) L&TR 53 (Agreements for lease; Constructive trusts; Leases; Proprietary estoppel)
    • “Proprietary estoppel and the constructive trust as defences to the operation of a landlord's break clause” (2012) 16(3) L &TR 88 (Break clauses; Business tenancies; Constructive trusts; Defences; Proprietary estoppel)
    • “Brighton & Hove City Council v Audus: worn out clogs?” [2009] Conv 490 (Clogs and fetters; Composite agreements; Equity of redemption; Legal charges; Mortgagees' powers and duties)

     

“Continues to be sought out for his exemplary work across a range of real property matters. His specialisms include rent review, rights of way and land registration. He is also known to take on cases related to easements and professional negligence. Strengths: ‘He’s a very solid performer – he knows his stuff inside and out, no question about that.’ ‘Anthony Tanney has been excellent; his written opinions are fantastic and really clear. He is very good tactically.’ ‘Consistently provides high-quality advice’.” Chambers UK Guide 2017 (Real Estate Litigation)
"Recommended for proprietary estoppels."Legal 500, 2016
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