Property
Brynmor is a property law specialist. The Legal 500 describes him as “highly intelligent and astute barrister. He has superb attention to detail and gets to the nub of a matter very quickly. Clients love his no-nonsense approach”.
His practice covers all areas of real estate litigation. This ranges from disputes about boundaries, easements and land registration through to commercial and residential landlord and tenant matters. He has appeared in Courts and Tribunals at all levels including the Supreme Court (Ridley v Brown – adverse possession) and the Court of Appeal (Smith v Khan – damages for trespass).
Brynmor combines an excellent technical grasp of property law and formidable advocacy with a pragmatic approach to dispute resolution. Clients value his strategic and commercial approach to litigation.
He is experienced in private sector and public sector property disputes. Brynmor is a member of the B Panel of Junior Counsel to the Crown. He undertakes a variety of work for central government departments. He also acts extensively for local government and for social landlords. The directories also recognise him as a leader in the fields of public law, local government and social housing. He has particular expertise where property law issues interact with issues of public, human rights and equality law.
Brynmor is based in Manchester but practises nationwide. He is the go-to property junior on the Northern Circuit and typically appears against experienced and specialist counsel. He has appeared on numerous occasions before the Property Chamber of the First-Tier Tribunal in leasehold and land registration disputes, and on appeals to the Upper Tribunal, the Court of Appeal and the Supreme Court.
Brynmor is ranked in both the leading directories. Chambers and Partners says that he “is a brilliant advocate with his feet on the ground and a firm grasp of the work of a solicitor”. The Legal 500 says that he “is absolutely razor-sharp on the law, explains matters in eminently understandable terms for lay clients, and is superb on his feet. His cross-examination skills are second-to-none”.
Brynmor is a committee member of the Property Bar Association and of the Manchester Business and Property Courts Property Sub-Forum.
Property Cases
- Ridley v Brown [2024] UKUT 14 (LC): An adverse possession claim concerning the requirement that the squatter reasonably believes that the land belongs to them. Brynmor appeared in the First-tier Tribunal and on appeal in the Upper Tribunal.
- Crotty v Dean [2023] UKFTT 00569 (PC): An adverse possession claim concerning a bothy and surrounding land in the Cumbrian countryside where Brynmor represented the successful objectors.
- Taylor v Burton [2021] EWHC 1454 (Admin): An appeal relating to a residential landlord’s liability for costs following proceedings brought by the tenant in respect of housing disrepair under the Environmental Protection Act 1990.
- Bentham v Lindsay Court (St Annes) RTM Company Limited [2021] UKUT 4 (LC): Brynmor successfully represented the leaseholders and the RTM company in this appeal concerning the interaction between the right to manage and the Tribunal’s power to appoint a manager. The exercise of the right to manage will displace a pre-existing manager appointment in all circumstances. A fresh application to appoint a manager is required to remove the RTM company.
- Joy Smith v Mohammed Riaz Khan [2018] EWCA Civ 1137: An appeal concerning the correct approach to general damages for trespass in unlawful eviction cases. The Court emphasised that damages run until the evicted tenant’s right to possession was actually terminated (not to the date when it could lawfully have been terminated). The Court also considered the appropriate rate of damages and the relevance of the rent and comparator cases.
- 23 Dollis Avenue (1998) Limited v Vejdani [2016] UKUT 0365: Established the important principle that the consultation requirements for major works do not affect the payability of on-account service charge demands.
- Kaur v Birk & ors [2014] EWHC 1147 (Ch): Representing the Claimant in an 8-day Chancery Division dispute about ownership of a family property portfolio raising issues of undue influence and trusts of land.
- Southward Housing Co-operative v Walker [2015] EWHC 1615 (Ch): Acted for a fully-mutual landlord in proceedings for possession. The case addressed the implications of the Supreme Court’s decision in Mexfield v Berrisford concerning the requirement for certainty of term.
- Daejan Properties Limited v Griffin [2014] UKUT 206 (LC): represented the lessees at first instance and on appeal to the Upper Tribunal in this service charge dispute involving historic neglect and s. 20C orders.
- Cameret Court Residents Association Limited v Tedla [2015] UKUT 0221 (LC): Acted for the Respondent in an appeal concerning a compromise of a service charge dispute (s. 27A Landlord and Tenant Act 1985) and the requirements of s. 47 of the Landlord and Tenant Act 198.
