Kester Lees KC

Kester is a leading property, telecommunications and infrastructure silk, described in Chambers and Partners and the Legal 500 as “an excellent advocate”, “a great strategic thinker”, “the calm set of hands the clients want to put their matters into”, and is “already emerging as one of the best property legal minds in the country”. 

Kester had a meteoric rise to silk and was appointed a KC after only 13 years in practice. In the last 12 months alone, Kester has helped clients to succeed in five multi-day trials (over nine weeks); in four multi-day appeals (including two in the Court of Appeal); and has successfully obtained eight injunctions. Kester’s busy court schedule is complemented by his well-established advisory practice.

Kester’s specialisms include:

• Development; including rights to light, options, vendor/purchaser disputes, restrictive covenants, rights of way and drainage.
• Property disputes; including registered title rectification, mortgages, and valuation.
• Commercial and residential landlord and tenant, including quiet enjoyment breaches, break options, high value/complex 1954 Act renewals and with a major emphasis on multi-million pound dilapidations disputes.
• Infrastructure and energy law; especially advisory work as to battery plants, data centres, and major infrastructure projects such as motorways and power plant construction disputes.
• Telecommunications; involving Code disputes supporting digital rollout for both mobile and fixed line operators.
• Property related insolvency; advising and acting for administrators, liquidators and receivers; or landlords whose tenants have entered an insolvency regime.
• Protest law; especially advising Universities on, and obtaining, injunctions against trespassing student protestors.

Kester often leads larger teams and also is consulted in leading cases concerning the interaction of property law with other areas such as tax, insurance, professional negligence, and criminal law.

Kester regularly undertakes multi-million pound trials in the High Court and test cases in specialist tribunals and has a thriving appellate practice, including appearing in the Court of Appeal twice in the last 12 months and in the Supreme Court in CTIL v Compton Beauchamp [2022] UKSC 18. 

• Education
  • Kester obtained a first class degree in Theology at the University of Birmingham, graduating first in his year. He then converted to law on a two year senior status law degree at City University, during which he held an Inner Temple scholarship and a City University Postgraduate Law Scholarship. Graduating with a first class degree and first in his year, Kester was awarded several prizes including the Old Bailey Press Prize for Land Law and the Recorder of London Prize for being the ‘best law student’ in the faculty.
  • Kester went on to obtain a Distinction on the BCL at Brasenose College, University of Oxford, where he held an AHRC Award and was awarded the Allen & Overy Prize for Corporate Insolvency Law on the BCL and various College prizes. 
• Professional
  • Kester was appointed a KC in 2024 after only 13 years' practice at Falcon Chambers.
  • Kester was awarded an Inner Temple Major Scholarship and Duke of Edinburgh Entrance Scholarship for his BVC year.
  • Kester was classified as Outstanding on his BVC at City Law School. He was subsequently awarded the Ede & Ravenscroft Prize by the Inner Temple.
  • During his BVC year Kester was a Visiting Lecturer at City University, London tutoring in contract law.
  • Kester is a member of the Chancery Bar Associationand the Property Bar Association. Kester recently became a committee member of the Property Bar Association with special responsibility for liaising with the Junior PLA. 
  • Since 2012 Kester has been Co-Editor for Casenotes for The Conveyancer and Property Lawyer, the leading property law journal. He is a Contributing Editor to the Woodfall Bulletin and also regularly contributes to the Landlord and Tenant Review. Kester is also the author of several topics on Westlaw Insights including Business Tenancies, Security of Tenure and Periodic Tenancies.
  • Kester has also provided in-house seminars to solicitors firms and client institutions direct as well as a regular guest speaker for CLT, a leading CPD provider, including a webinar on mortgagee remedies. Recent topics include: Tenant insolvency, Forfeiture, when Mortgagees ought to pay residential service charges to protect their security.
• Upcoming Cases

  Kester is currently instructed in a number of major, industry-shaping cases, which are due to be heard in the next 12-18 months, including:

  • Three week or longer telecommunications trials concerned with valuation under the Code.
  • Two appeals to the Upper Tribunal concerning what, if anything, Code operators have to prove as to their statutory purposes when seeking renewals of their existing agreements.
  • A leading rights to light case listed for a two week High Court trial; the first after Bankside.
  • A major, multi-faceted dispute between the developer of a power station and a landowner.
  • A major administration, on behalf of the administrators, where a landlord seeks to prove for nearly £40m+ in alleged lost rent.
  • A week’s trial concerning human rights and student protest.
  • A three day trial concerned with the validity of payments made to a third party account as a result of a threat actor’s hack and fraud and the consequential validity of the purported operation of a break clause.
  • A multi-million pound proprietary estoppel and service charge dispute concerning high value apartments in Mayfair.
  • A case concerning land restoration following the expiry of a mining lease.
  • A dispute between a major infrastructure provider and a housebuilder; currently the subject of expert determination proceedings.
  • A week’s trial concerning a £5m+ dispute in respect of a housing development and joint venture contract.
  • The validity and effect of a break clause of a major office block.
  • Kester is currently instructed to act in several multi-million pound dilapidations disputes.
• Recent Cases

  Recent completed cases in which Kester has been instructed in the last 18 months include:

  • On Tower UK Ltd v AP Wireless II (UK) Ltd [2026] EWCA Civ 43: Court of Appeal decision of industry-wide importance concerning the enforceability of telecoms agreements which are assigned licences. Leading Taylor Briggs.
  • On Tower UK Limited v Icon Tower Infrastructure Limited [2026] UKUT 89 (LC): the Upper Tribunal dismissed Icon’s appeal as to the findings of fact concerning their subjective intention (that it was conditional on MNOs migrating across) and objective intention (the FTT finding that the MNOs would not migrate across). Leading Imogen Dodds.
  • On Tower UK Ltd v AP Wireless II (UK) Ltd [2025] 12 WLUK 632: Test case concerning validity of telecoms notices under the Code and whether a wholesale infrastructure provider must own the infrastructure provided. Leading Taylor Briggs.
  • On Tower UK Limited v Icon Tower Infrastructure Limited [2025] 10 WLUK 737: an 8 day test case concerning the intention to redevelop under Paragraph 21(5) of the Code. Kester successfully established that the site provider failed to establish a realisable intention as the MNOs would not migrate and the subjective intention was conditional. Leading Imogen Dodds.
  • DWP v Pipesafe, unreported: High Court trial in which Kester secured £4m of statutory compensation and a £2m+ dilapidations counterclaim was dismissed. Leading Julia Petrenko.
  • University of Cambridge v Persons Unknown [2025] EWHC 2330 (KB): Seminal decision on when to grant summary judgment and a final injunction against student protesters where the Human Rights Act is engaged. Leading Yasser Vanderman.
  • Cooper v Ludgate House Ltd [2026] 2 W.L.R. 251: Seminal rights to light case concerning the nature of a right to light, the methodology for measurement of light and valuation, whether to grant injunctive relief. With John McGhee KC.
  • On Tower UK Ltd v British Telecommunications Plc [2026] 1 W.L.R. 772: Court of Appeal decision affecting tens of thousands of sites as to when a landowner can serve a statutory break notice and whether contractual preconditions have to be complied with.
  • On Tower UK Ltd v British Telecommunications Plc: Kester successfully resisted BT’s application for permission to appeal to the Supreme Court. Leading Emer Murphy.
  • Trinity College v Persons Unknown [2025] EWHC 1577 (Ch): High Court decision as to the grant of a final injunction against student protestors (following the grant of interim injunctions to protect the examination season).
  • On Tower UK Ltd v AP Wireless II (UK) Ltd [2025] UKUT 280 (LC): Upper Tribunal decision on the sharing rights in Code agreements. Leading Imogen Dodds.
• Notable Older Cases
  • Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2022] 1 W.L.R. 3360: Supreme Court decision on telecommunications Code and when an operator may seek to obtain new Code rights when already in situ. With Jonathan Seitler KC and Justin Kitson.
  • Coldunell Ltd v Hotel Management International Ltd [2022] EWHC 1290 (TCC): Multi-million-pound dilapidations dispute and subsequent leading decision on Part 36 regime: see [2023] T.C.L.R. 1.
  • Campbell & Anrs v Banks (various) [2019] UKFTT 0730 (PC): Kester acted for all ten successful lenders in a one day test case before the specialist tribunal concerning alleged non-compliance with formality requirements for mortgage deeds. This decision has been applied in the High Court on multiple occasions subsequently.
  • Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2016] A.C. 742: Supreme Court decision which is the leading case on implied terms in contract law. Led by Guy Fetherstonhaugh. 
• Publications
  • “Rent during Covid-19: landlords still hold the strongest hand” EGI (online) and upcoming in print edition on 25 April 2020. Subject: Landlord & Tenant; Rent; Frustration; Suspension; Implied Terms; Coronavirus
  • “S Franses Ltd v Cavendish Hotel (London) Ltd: motive, intention and causal conditionality (Case Comment)” Conv. 2019, 4, 397-409. Subject: Business tenancies; Grounds for opposition; Intention; New tenancy applications; Redevelopment
  • “Double trouble: forgotten remedies...” W.L.T.B. 2019, 2(Jul), 1-4. Subject: Business tenancies; Double rent; Double value; Formalities
  • “ Dissolution of landlords and tenants without any prior disclaimer” W.L.T.B. 2018, 3(Sep), 1-5. Subject: Landlord and tenant; Insolvency; Real property; Trusts; Bona vacantia; Companies; Disclaimer of onerous property; Dissolution; Escheat; Freeholds; Landlords; Leaseholds; Tenants; Trust property; Vesting orders
  • “ NRAM v Evans: there are mistakes and mistakes... (Case Comment)” Conv. 2018, 1, 91-98 Subject: Real property; Banking and finance; Amendments; Charges register; Indemnities; Land registration; Mistake; Priorities; Rectification; Registered charges; Secured loans
  • “ Collective enfranchisement notices: always protect - but be careful what you agree... (Case Comment)” W.L.T.B. 2017, 4(Sep), 1-4. Subject: Landlord and tenant; Collective enfranchisement; Freeholds; Initial notices; Non-registration; Transfer of title; Validity
  • “Wood v Capita Insurance Services Ltd: textualism and contextualism: polish off your dictionaries...” (Case Comment) Conv. 2017, 5, 364-372. Subject: Contract terms; Indemnity clauses; Interpretation; Meaning; Misselling; Share sales
  • “ The protection of pre-emption rights” (with Martin Dray) S.J. 2017, 161(28), 28 Subject: Real property; Pre-emption rights; Restrictions; Sale of land; Title to land; Tomlin orders; Unilateral notices
  • ‘ The jurisdiction of the FTT to determine the payability of sums not yet due (Case Comment)” W.L.T.B. 2017, 1(Feb), 1-4 Subject: Landlord and tenant; Demands; First-tier Tribunal; Jurisdiction; Landlords' duties; Reasonableness; Service charges
  • Surprising defects: Edwards v Kumarasamy (Case Comment)” - L. & T. Review 2016, 20(6), 223-227. Subject: Landlord and tenant - Common parts; Disrepair; Landlords' duties; Notice; Repair covenants; Subtenancies
  • “There's no profit in alienation consents” - S.J. 2016, 160(43), 31Subject: Landlord and tenant - Conditions; Consent to assignment; Costs; Qualified covenants; Underleases
  • “EMI Group Ltd v O & H Q1 Ltd: the forbidden assignment” (Case Comment)- Conv. 2016, 5, 387-397. Subject: Landlord and tenant - Assignees; Assignment; Guarantors; Leasehold covenants; Leases; Release; Void transactions
  • “M&S and implied terms: better not left unsaid ...” - I.H.L. 2016, Spr, 111-112Subject: Landlord and tenant - Break clauses; Business tenancies; Implied terms; Interpretation; Rent; Repayments
  • “What's in store after M&S?”- E.G. 2016, 1602, 60-62. Subject: Landlord and tenant - Apportionment; Break clauses; Business tenancies; Implied terms; Interpretation; Rent; Repayments
  • “Uncertainty of term again” (Case Comment). - L. & T. Review 2015, 19(5), 212-216. Subject: Landlord and tenant - Duration; Forfeiture; Housing associations; Notices to quit; Possession; Residential tenancies; Termination  Abstract  
  • “Wood v Waddington: section 62 and apparently continuous easements...” (Case Comment) - Conv. 2015, 5, 423-432. Subject: Real property - Conveyances; Express grant; Occupation; Rights of way; Statutory easements
  • “Resolving the tension between the Land Registration Act 2002's "priority" and "alteration" provisions” (Case Comment) - Conv. 2015, 3, 253-266. Subject: Landlord and tenant -Land registers; Long leases; Priorities; Rectification; Reinstatement; Retrospective effect; Title to land
  • "Reasonable belief" in adverse possession”- E.G. 2015, 1521, 77. Subject: Real property; Legislation - Adverse possession; Boundaries; Reasonable belief; Statutory interpretation; Time limits
  • “Residential service charges: the return of a "sets-based" approach to qualifying works” (Case Comment) - W.L.T.B. 2015, 1(Feb), 1-4. Subject: Landlord and tenant - Consultation; Holiday accommodation; Landlords' duties; Residential tenancies; Service charges
  • "Francis v Phillips: putting the pin back into the valedictory hand grenade” (Case Comment) - Conv. 2015, 1, 67-77. Subject: Landlord and tenant - Consultation; Fees; Holiday accommodation; Improvements; Landlords' duties; Leases; Residential tenancies; Service charges
  • “Disclaimer of leases: an essential guide” - I.H.L. 2014, 224(Oct), 73-76. Subject: Insolvency; Landlord and tenant - Business tenancies; Disclaimer of onerous property; Liquidation; Liquidators' powers and duties; Non-domestic rates; Third parties; Trustees in bankruptcy; Trustees' powers and duties; Unoccupied property; Vesting orders
  • “Business rates and disclaimer of leases: the limits of statutory fictions” (Case Comment) - Conv. 2014, 5, 434-444. Subject: Landlord and tenant; Insolvency; Rates - Business tenancies; Disclaimer of onerous property; Non-domestic rates; Unoccupied property
  • Lessons to be learned from M&S - Kester's recent talk to the PLA in Leeds can be found here
  • Re Game Station Ltd: A salvaged Salvage Principle” – Conv. 2014, 3, 249-262. Subject: Insolvency - Administrators' powers and duties; Expenses; Liquidators' powers and duties; Provable debts; Rent.
  • “Administration and rent - equity in the game at last...” - W.L.T.B. 2014, 2(Apr), 1-4. Subject: Insolvency - Administrators' powers and duties; Expenses; Liquidators' powers and duties; Provable debts; Rent.  
  • “Superstrike Ltd v Rodrigues: more questions than answers...” - Conv. 2014, 1, 60-69. Subject: Landlord and tenant - Assured shorthold tenancies; Deposits; Landlords' duties; Notices seeking possession; Periodic tenancies; Tenancy deposit schemes.
  • “Malik v Fassenfelt: known unknowns” - Conv. 2013, 6, 516-529 Subject: Human rights - Eviction; Possession orders; Proportionality; Right to respect for private and family life; Squatters; Trespassers.
  • “Break options and the repayment of overpaid rent - an implication of common sense” - W.L.T.B. 2013, 3(Jul), 1-5 Subject: Landlord and Tenant - Break clauses; Business tenancies; Implied terms; Overpayments; Rent; Repayments.
  • “Knowing where to begin - the last day of the period in section 21 notices” - L. & T. Review 2013, 17(4), 129-133 Subject: Housing - Assured shorthold tenancies; Date of termination; Houses; Periodic tenancies; Repossession.
  • “Parshall v Hackney: a tale of two titles” - Conv. 2013, 3, 222-232 Subject: Real property - Adverse possession; Boundary disputes; Concurrent possession; Land registration; Limitation periods; Mistake; Rectification
  • “Freeholders of 69 Marina: judicial reading between the lines...” – Conv. 2012, 6, 498-505 Subject: Landlord and tenant - Arrears; Costs; Forfeiture; Landlords' duties; Service charges.
  • “Tenants take notice! Patel v MRD Property Developments Ltd” - L. & T. Review 2012, 16(6), 226-228 Subject: Landlord and tenant - Business tenancies; Demands; Insurance premiums.
  • “Geary v Rankine: money isn't everything” - Conv. 2012, 5, 412-421 Subject: Real Property - Beneficial interests; Business premises; Constructive trusts; Intention; Unmarried couples,
  • “Article 8 defences - separating the wheat from the chaff: Corby BC v Scott; West Kent Housing Association Ltd v Haycraft” L. & T. Review 2012, 16(4), 148-152 Subject: Landlord and tenant; Housing; Human rights; Public sector tenancies; Summary dismissal.
  • “If you don't ask, you don't get...” - E.G. 2012, 1206, 87 Subject: Adjudicator to HM Land Registry - Indemnities; Jurisdiction; Rectification.
  • “A prospective look at rectification” - L. & T. Review 2012, 16(1), 12-15 Subject: Rectification - Adjudicator to HM Land Registry; Deeds; Deeds of variation; Jurisdiction; Retrospective effect; Third parties.
  • “A piece of the puzzle: piecing together the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993” - Conv. 2011, 6, 454-464 Subject: Landlord and tenant - Collective enfranchisement; Purchase of Freehold; Statutory contract; Statutory interpretation.
  • “Concurrent leases and break clauses” - L. & T. Review 2011, 15(2), 51-55 Subject: Landlord and tenant - Break clauses; Business tenancies; Concurrent Leases.
  • “A who's who of concurrent leases” - L. & T. Review 2011, 15(1), 30-33 Subject: Landlord and tenant - Break clauses; Business tenancies; Concurrent Leases; Covenants; Notices; Security of tenure.