Robert McLellan
Partner in Property Litigation
Rex is a highly experienced property litigator. His work covers all types of landlord and tenant disputes on commercial and residential properties such as forfeiture, disrepair, rent arrears and contested lease renewals. He also advises on land disputes such as easements and boundaries.
Rex has fought numerous cases in the High Court and Court of Appeal but he also advises on disputes in the County Courts, the Property Tribunals and, increasingly today, in mediations.
His clients include property investment companies, individual landlords and commercial tenants. Rex also works for a number of firms of solicitors who have property departments but who wish to refer their clients to him when disputes occur.
During his career, Rex has been a partner at a regional firm of solicitors, head of litigation at a listed property company and prior to joining Excello, he ran his own firm specialising in property disputes for 14 years.
Rex is married with two children. He is a keen walker along the Kent coast where he lives and – when not being asked to drive his teenage daughter to wherever she wants to go – also enjoys playing golf and meeting up with friends and family.
Partner in Property Litigation
June 26, 2023
In resolving right of way disputes, judges’ first port of call is to the precise wording of relevant property deeds, …
Read moreJune 26, 2023
The case concerned a house in a leafy cul-de-sac in one of Cornwall’s most popular seaside locations. Its owner wished …
Read moreJune 26, 2023
A woman bought a leasehold flat from a property development company which had recently refurbished it. Prior to the sale, …
Read moreJune 26, 2023
In the context of a commercial property dispute concerning the proposed erection of an anaerobic digestion plant, the Court of …
Read moreApril 19, 2023
A landowner asserted that his neighbours’ right of way over a track that crossed his land was limited to a …
Read moreApril 19, 2023
A commercial property owner who for years shelled out for drainage bills that it was never obliged to pay must …
Read moreApril 19, 2023
When the use of commercial premises beneath a leaseholder’s flat was changed from an estate agency to a bar / …
Read moreApril 19, 2023
Landowners should sit up and take notice of the Court of Appeal’s ground-breaking decision to award compensation to a property …
Read moreFebruary 26, 2023
The case concerned a proposal to demolish four suburban houses and replace them with a block of 33 flats, standing …
Read moreFebruary 26, 2023
Farmers are often required to give contractors access to their fields so that they can work on utilities pipes or …
Read moreFebruary 26, 2023
Many commercial leases appear to confer on landlords a wide and unilateral power to calculate and demand payment of service …
Read moreFebruary 26, 2023
Mere overlooking by one property over another may not amount to a legal nuisance – but the Supreme Court has …
Read moreFebruary 5, 2023
It is a longstanding rule of law that dispositions of beneficial interests in land must be made in writing and …
Read moreFebruary 5, 2023
Tenants are only obliged to pay service charges that have been reasonably incurred. That principle was the focus of a …
Read moreFebruary 5, 2023
In an important case for commercial landlords and professional partnerships, the First-Tier Tribunal (FTT) has ruled that a law firm …
Read moreFebruary 5, 2023
A local authority was entitled to require removal of three advertising hoardings that protruded a few centimetres over a pavement. …
Read moreNovember 20, 2022
Landlords often fight legal battles for what they perceive to be the benefit of their tenants – but can the …
Read moreNovember 20, 2022
A few years ago the Scottish Parliament passed legislation introducing widespread reforms to residential lettings in Scotland. Its provisions are …
Read moreNovember 20, 2022
The question of whether a use of land amounts to an actionable nuisance very much depends on the character of …
Read moreNovember 20, 2022
Companies have their own legal personalities, distinct from their owners. That basic principle of law could hardly be more important …
Read moreOctober 20, 2022
Tenants of commercial premises are often subject to rigorous repair obligations and are required to hand them back at the …
Read moreOctober 20, 2022
Almost all commercial leases are subject to covenants restricting the use to which the premises can be put. However, as …
Read moreOctober 20, 2022
It is increasingly commonplace for owners of vacant commercial buildings to permit their occupation by so-called ‘property guardians’ with a …
Read moreOctober 20, 2022
Commercial tenants who assign their leases may feel that they have washed their hands of the matter and are at …
Read moreJuly 26, 2022
Your neighbours owe you a duty of care and, if they cause a nuisance that results in you suffering financial …
Read moreJuly 26, 2022
The difference between a binding contract and an agreement in principle, subject to further negotiation, could hardly be more important. …
Read moreJuly 26, 2022
Most people are aware that companies have legal identities separate from the individuals who control them. The application of that …
Read moreJuly 26, 2022
Residential landlords sadly often focus on collecting rent and take a laissez-faire attitude to the condition of their properties. However, …
Read moreJune 28, 2022
On 16 June 2022, the Government introduced a White Paper called “A Fairer Rented Private Sector”. It proposes the biggest …
Read moreMay 23, 2022
A couple bought a field with the aim of constructing an equestrian training facility on it. Less than a year …
Read moreMay 23, 2022
Registration of a property as an asset of community value (ACV) can be a serious, even fatal, stumbling block in …
Read moreMay 23, 2022
Restrictive covenants that forbid property owners from causing annoyance, nuisance or disturbance to their neighbours commonly appear in title deeds …
Read moreMay 23, 2022
When deciding whether someone has a beneficial interest in a property, financial contributions to the purchase price, mortgage or other …
Read moreApril 26, 2022
An important High Court ruling has underlined how sellers are under an overriding legal obligation to disclose defects in title …
Read moreApril 26, 2022
A relaxation of planning rules has presented landlords of residential blocks with the tempting opportunity to extend them skywards, creating …
Read moreApril 26, 2022
Private property rights sometimes have to take second place to the onward march of technology. The Court of Appeal powerfully …
Read moreApril 26, 2022
Numerous hospitality and other businesses suffered crushing losses when they were denied access to their commercial premises during COVID-19 lockdowns. …
Read moreMarch 28, 2022
Does an office block lived in temporarily by so-called ‘property guardians’ have to be licensed as a house in multiple …
Read moreMarch 28, 2022
Residential tenants are commonly required to seek their landlord’s written consent before assigning their leases to others. However, as a …
Read moreMarch 28, 2022
The Party Wall etc. Act 1996 provides an invaluable and frequently used mechanism by which disputes between owners of adjoining …
Read moreMarch 28, 2022
In a guideline case the High Court defined the circumstances in which a property owner can access his neighbour’s land …
Read moreFebruary 14, 2022
A bewildering array of corporate structures is all too commonly used to conceal the real ownership of property. However, as …
Read moreFebruary 14, 2022
To what extent, if any, do occupiers of land bordering highways owe a duty of care to road users? The …
Read moreFebruary 14, 2022
Landlords who rent out houses in multiple occupation (HMOs) without a required licence are exposed to the double whammy of …
Read moreFebruary 14, 2022
Absentee or non-resident tenants who do not leave their landlords with a forwarding address place themselves in acute legal danger. …
Read moreJanuary 24, 2022
Most people would say that they would recognise a road if they saw one. However, as a ground-breaking High Court …
Read moreJanuary 24, 2022
The practice of permitting so-called property guardians to occupy premises in order to protect them against trespassers and vandals is …
Read moreJanuary 24, 2022
The case concerned a residential close, built in the 1980s, consisting of four homes. They were positioned closely together with …
Read moreJanuary 24, 2022
Utility companies whose bills have not been paid may enter private property, whether it be commercial or residential, in order …
Read moreDecember 7, 2021
The legal right that many commercial tenants enjoy to have their leases renewed can be overcome if their landlords ‘intend’ …
Read moreDecember 6, 2021
In order to be subject to non-domestic rates, a commercial space must be capable of beneficial occupation for the purpose …
Read moreDecember 6, 2021
The case concerned a pub that was the only such establishment in a rural village. There had been a hostelry …
Read moreDecember 6, 2021
In this guideline case, the court set out the legal principles which it will use to determine whether a prescriptive …
Read moreNovember 11, 2021
The case concerned mixed commercial and residential premises that were held on a 20-year lease. By mistake, the rent paid …
Read moreNovember 11, 2021
Where the COVID-19 pandemic rendered the use of commercial premises illegal or unviable, should the resulting losses fall on the …
Read moreNovember 11, 2021
Companies engaged in developing UK property are often registered abroad and that can pose legal difficulties for creditors. As a …
Read moreNovember 11, 2021
Noise pollution may blight people’s lives, but it by no means always amounts to an unlawful nuisance for which compensation …
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