Rex Cowell

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.


Experience

  • Advising a landlord on the disputed interpretation of a covenant to sub-let part of a substantial multi-let property. The case was fought through the courts and the landlord’s interpretation of the covenant was upheld by the Court of Appeal.
  • In the context of a claim for renewal of a business lease, Rex defended a claim for possession on behalf of a commercial tenant. The reality was that the landlord was seeking to develop the site and wished to avoid paying compensation to which the commercial tenant was entitled. The case settled in the week before trial.
  • Advising a landlord of a mixed use development when a bar/restaurant on the ground floor caused substantial noise nuisance to the leaseholders on the upper floors. An emergency injunction was obtained to restrain the noise and this was upheld at the subsequent trial in the High Court.
  • On behalf of a commercial landlord, Rex recovered a six-figure sum for rent arrears from a well-known pub chain that had refused to pay rent during the coronavirus pandemic
  • Advising the freehold owner of a block of flats in respect of various unsustainable claims made by a leaseholder.  The matter proceeded through to a trial at which the freeholder was successful. Rex then obtained an order for costs and enforced that order by obtaining possession and selling the leaseholder’s flat.

Team members

Robert McLellan

Rex ’s updates

First Tier Tribunal rules on restrictive covenant conferring benefits on objectors

May 23, 2022

Upper Tribunal rules on the registration of an Asset of Community Value

May 23, 2022

An extension is not an annoyance

May 23, 2022

Court of Appeal rules on wife’s interest in family home

May 23, 2022

High Court ruling on disclosure of defects in title to land

April 26, 2022

Upper Tribunal decides on hope value of constructing additional flats on top of an existing block

April 26, 2022

Telecoms provider succeeds in obtaining new agreement on mast situated in a national park

April 26, 2022

High Court rules on insurance cover for Covid enforced closures of restaurant premises

April 26, 2022

Empty office blocks, property guardians and houses in multiple occupation

March 28, 2022

Landlord’s unreasonable behaviour thwarted £3 million flat sale

March 28, 2022

High Court rules on dispute mechanism in the Party Wall Act 1996

March 28, 2022

High Court considers the Access to Neighbouring Land Act for the first time

March 28, 2022

High Court rules on the true owner of a property

February 14, 2022

Land adjoining the highway and occupiers’ liability – Court of Appeal ruling

February 14, 2022

Landlord avoids rent repayment order on reasonable excuse grounds

February 14, 2022

Absentee tenant pays high price for failing to leave forwarding address

February 14, 2022

High Court rules on the definition of a ‘road’

January 24, 2022

Court of Appeal rules on the status of property guardians

January 24, 2022