Rabby Fozlay

Rabby accepts instructions in all areas of property law, including both landlord/tenant and real property disputes.

Rabby regularly represents residential/commercial/institutional landlords and tenants in possession proceedings; TOLATA claims; applications to suspend evictions; forfeiture/relief claims and service charge disputes.

Rabby has recently won a High Court and assisted in Court of Appeal boundary dispute.

Before joining New Square, Rabby completed his pupillage at a pre-eminent property-specialist set, where he completed a range of advisory/drafting work, including:

• Forfeiture and possession
• Injunctions/Nuisance
• LTA 1954 Act renewals/disputes
• Dilapidations
•  Co-Ownership/TOLATA
•  Right to Light
•  Easements
• Restrictive Covenants and Discharge/Modification
• Adverse Possession
• Rent Reviews
•  Service Charges/RTM
• Lease extensions/enfranchisement
• Land Registry matters
• Proprietary Estoppel

Prior to joining the Bar, Rabby was part of a specialist in-house legal team representing a Local Authority in (multi-million pound) residential service charges disputes.

In this role, Rabby successfully appeared in the Upper Tribunal (Lands Chamber); advised Local Government on novel/untested legal issues; settled a million-pound dispute against 25 leaseholders and regularly drafted/appeared at First-Tier Tribunal applications.

Rabby has also previously worked at Legal 500 solicitors’ firms – where he drafted statutory notices including: s.5, s.21, s.25, s.26, s.42, s.45 and s.146 notices; and regularly appeared at Possession Proceedings, CCMCs, Interlocutory Hearings and mediations.

Rabby regularly appears in the High Court, Insolvency and Companies List and at Winding Up/Bankruptcy petition hearings.

Rabby is instructed by both creditors and debtors and has acted for/against LPA Receivers; Trustees-in-Bankruptcy and Liquidators. Rabby is also regularly instructed in applications for Orders for Sale.

Rabby has previous experience in:

• Partnership and Shareholder disputes
• Winding Up/Bankruptcy Petitions
• Corporate Insolvency
• Orders for Sale by Trustees-in-Bankruptcy
• Debt Claims
• Advising on injunctions to restrain presentation of a petition
• Obtaining validation orders
• Responding to Liquidators’ requests for information
• Directors’ Loan Account issues

Rabby has successfully appeared in the County Court and the Insolvency and Companies Court; secured a judicial reference from Former Chief Registrar Baister and marshalled Deputy ICC Judge Schaffer.

Rabby has acted for/against: listed/multinational companies (such as Dell and Trustpilot); bloodstock auctioneers; building renovation and management companies; financial services providers/insurance brokers; car hire companies and wedding service providers.

Rabby has successfully appeared at both fast track and small claims trials for non-payment of invoices; the return of deposits; and sub-standard building work. Rabby has also assisted in a complex insurance commissions case, with various clawbacks over a number of years.

Rabby has previous experience in claims relating to:

• Unpaid commissions
• Non-payment of invoices
• Sub-standard building work
• Consumer Rights Act 2015
• Car hire agreements
• Non-refundable deposits
• Unfair terms
• Abandonment of goods
• Conversion
• Unjust Enrichment
• Professional Negligence

Before coming to the Bar, Rabby was involved in various businesses; worked in-house and ran his own caseload of business/property disputes (valued up to £100,000) at a Legal 500 solicitors’ firm. This experience gives him a practical and grounded understanding of the practicalities and realities of business, as well as, a strong sense of commerciality.

• Legal Practice (Bar) (BTC) (Distinction)
• MA (Oxon) Jurisprudence, University of Oxford

• Buchannan Prize (Lincoln’s Inn)
• Lord Denning Scholarship (Lincoln’s Inn)
• BPP Advocacy Scholar
• Award of Outstanding Academic Excellence