Edward Blakeney

Edward Blakeney practices in all areas of property law, with a particular specialism in commercial landlord and tenant, residential landlord and tenant, and real property disputes. He also deals with commercial and professional liability issues when these intersect with property law.

Edward has a busy court and advisory practice that encompasses pre-action, trial and appellate work, and he undertakes cases both as sole counsel and as part of a counsel team. Edward regularly appears in the County Court and First-tier Tribunal, and has also appeared in a number of cases before the Upper Tribunal, High Court, Court of Appeal and Supreme Court.

Edward’s recent cases have related to the following areas:

• Commercial landlord and tenant, including contested and uncontested lease renewals, break notices, dilapidations claims and forfeiture
• Residential landlord and tenant, including various forms of possession proceedings, service charge disputes, breaches of covenant, lease variations, requests for consent and rights of first refusal
• Leasehold enfranchisement, including lease extensions and collective enfranchisement under the 1993 Act, claims under the 1967 Act, and the Right to Manage/ appointment of a manager
• Mortgages and receivership
• Party Wall Act and boundary disputes
• Trespass and nuisance (both civil and criminal) proceedings
• Restrictive covenants and easements
• Adverse possession
• Land registration
• Proprietary estoppel
• Co-ownership proceedings (including under TOLATA 1996)
• Overage agreements

• Education
  • Modern History, St Hilda’s College, Oxford – MA (Hons) (2011-2014)
  • D.K. Broster Exhibition in History for results in preliminary examinations (2012)
  • GDL, City Law School – Distinction (2015)
  • BPTC, City Law School – Outstanding (2016)
  • Lord Denning Scholarship
  • Buchanan Prize
  • Edward speaks French (intermediate) and Mandarin Chinese (HSK 2), and plays the violin
• Professional
  • Called to the Bar: 2016, Lincoln’s Inn
  • Member of the Property Bar Association
• Recent cases

  Recent Cases

  • Charles Hunt (Holdings) Ltd v 77-82 Bridle Close (Freehold) Ltd [2023] UKUT 32 (LC): In an appeal against the premium payable on a collective enfranchisement claim, the Upper Tribunal conducted the matter by way of a rehearing as the FTT had reached its decision in a procedurally unfair manner. The Upper Tribunal considered that there was only a nominal sum payable for roof space development value and that, although leases prohibited subletting, there was no value in the ability to sell Deeds of Variation permitting the same. Edward was instructed on behalf of the successful nominee purchaser.
  • English Rose Estates Ltd v Menon & Ors [2022] UKUT 347 (LC): Edward acted as sole counsel for the successful Respondent tenants in an appeal from a decision under s.27A of the Landlord and Tenant Act 1985. The Upper Tribunal considered whether the procedure adopted by the FTT in permitting a new point to be raised at a late stage was procedurally fair (it was), and whether the lease could be corrected by construction to permit the landlord to recover insurance premiums (it could not).
  • Adil Catering Ltd v City of Westminster Council [2022] UKUT 238 (LC): Edward appeared on behalf of the Appellant, who sought to challenge a financial penalty imposed as a result of its management of an HMO. The Upper Tribunal ruled on the meaning of the applicable Regulations and the threshold for the imposition of such a penalty, as well as the statutory defence of ‘reasonable excuse’ and the calculation of the penalty to be paid.
  • Invergarry Court Ltd v Connolly & Ors [2022] UKUT 209 (LC): The Upper Tribunal considered whether the FTT had given sufficient reasons for its decision to appoint a manager pursuant to s.24 of the Landlord and Tenant Act 1987, and addressed the lessees’ complaints regarding mismanagement of service charges and unreasonable refusals of consent to assign. Edward was instructed for the appeal on behalf of the Respondent lessees.
  • UCP Plc v Nectrus Ltd [2022] EWCA Civ 949: Led by Paul McGrath KC and with Andrew Legg, the Court of Appeal allowed a second application under CPR 52.30 to re-open a refusal of permission to appeal and granted Edward’s client permission to appeal on the question of reflective loss, its application to ex-shareholders and its governing law. In so doing, the Court of Appeal found the previous decision of Flaux LJ ([2021] EWCA Civ 57) to be tainted by apparent bias. The Respondent conceded the appeal shortly before it was due to be heard.
  • Kensquare Ltd v Boakye [2021] EWCA Civ 1725: Led by James Fieldsend, Edward acted for the successful Appellant. The Court of Appeal held that time is likely to be of the essence with regards to interim service charge machinery, and also considered whether legal costs could be recovered under the terms of a lease either as an administration charge or as a service charge. Edward acted as sole counsel at first instance and in the Upper Tribunal.
  • Church Commissioners for England v Beg LON/00AW/OLR/2020/0446: In perhaps the first case under section 61A of the Leasehold Reform, Housing and Urban Development Act 1993, Edward obtained substantial compensation for a landlord following an ineffective lease extension claim. The FTT considered the legislative framework and the valuation principles that apply.
  • TBD (Owen Holland) Ltd v Simons & Ors [2020] EWCA Civ 1182: Led by Andrew Butler KC, the Court of Appeal considered and gave guidance on search orders and ‘imaging orders’ (which concern the copying of digital materials). The Court set out the inter-relationship between the two types of orders and the principles that applied to obtaining and carrying out each of them.
  • UCP Plc v Nectrus Ltd [2019] EWHC 1732 (Comm); [2019] EWHC 3274 (Comm): Led by Andrew Butler KC and with Andrew Legg, the High Court determined bifurcated questions on liability and quantum of loss arising out of an investment management agreement. The decision involved principles regarding the interpretation of contracts, scope of duties, and reflective loss.
  • As junior to Carl Fain, Edward acted in a dispute between a bank and two brothers over possession of a property, which turned on allegations of undue influence between the brothers. The brother of Carl and Edward’s client offered no evidence shortly before trial, effectively conceding the case.
  • Wells v Devani [2019] UKSC 4: Led by Andrew Butler KC, the Supreme Court ruled on the formation of oral contracts, certainty of contracts, and the effect and application of the Estate Agents Act 1979.
• Publications
  • “Leaseholds: ground zero” (with Jessica Parry and James Fieldsend) P.L.J. 2022, 397, 40-49 – an analysis of whether doubling ground rents for leasehold houses are unfair under the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Rights Act 2015.
  • “Words Left Unsaid” E.G. 2022, 2211, 41 – a look at the decision in Kensquare Ltd v Boakye [2021] EWCA 1725 and the issues that remain to be determined by future courts.
  • Contributor to Service Charges and Management, 5th ed.