- Called: 1998
"Pragmatic and highly skilled; a great barrister to have on your side."
The Legal 500 UK 2019
Ben is a property law specialist with a thriving practice. He has a wealth of experience in all aspects of landlord and tenant-related litigation and real estate litigation, with a particular interest in service charge disputes, leasehold enfranchisement, business lease renewals and party wall disputes.
Ben is an accomplished advocate and has been ranked by the leading legal directories.
Ben Maltz deals calmly and effectively with often complex property disputes. He values the importance of client care and always strives to adopt a pragmatic and common sense approach to his cases.
“Provides a conscientious, accessible approach, with admirable advocacy skills.” “He assists local authorities and registered providers with a wide range of housing matters. Tenancy fraud cases are a notable area of specialism.”
The Legal 500 UK 2020
“Pragmatic and highly skilled; a great barrister to have on your side.”
The Legal 500 UK 2019
“Recommended for service charge disputes.”
The Legal 500 UK 2017
“He is an incredibly safe pair of hands and provides clear and fast advice”
The Legal 500 UK 2015
“His cross-examination is quietly effective.”
The Legal 500 UK 2015
Successfully resisted tenant’s appeal against a possession order. At trial the tenant had unsuccessfully argued that, because of his disability, he was the victim of a “cuckooing” operation perpetrated by drug dealers at the property. Although the judge had erred in the way she had dealt with the defence based on breach of the Public Sector Equality Duty under s.149, Equality Act 2010, the breach of PSED was immaterial and the judge would have come to the same answer.
Partridge v Gupta  EWHC 1110 (QB)
Successfully represented private landlord client in resisting appeal by the former tenant, who sought to set aside a writ of possession post-execution. The appeal focused on the correct interpretation of CPR 83.13(8) and considered what constitutes sufficient “notice of the proceedings” within the meaning of this rule.
Southern Land Securities Ltd v Poole  UKUT 302 (LC)
Represented landlord on appeal against decision of FTT restricting recovery of major works service charges to £250. Successfully argued that FTT had breached natural justice by taking point concerning section 20 compliance and then refusing the landlord permission to adduce documentary evidence addressing the Tribunal’s criticism.
Brown & Reid v London and Quadrant Housing Trust  LON/00AZ/OCE/2016/0330
Application under LRHUDA 1993 for determination of terms of acquisition on a claim for collection enfranchisement where the parties had agreed a reduced premium in return for the inclusion of an overage clause.
Berndl & Others v Notting Hill Home Ownership  LON/00AU/LSC/2016/0254
Successfully resisted FTT application by leaseholders disputing recoverability of service charges. Leaseholders argued that they should not be charged for gas and electricity consumption costs which far exceeded anticipated levels by reason of thermally heated hot water system and photo-voltaic solar panels
Christopher Moran Holdings Ltd v Laura Carrara-Cagni  UKUT 0152 (LC)
Represented residents’ association of an apartment block on The Kings Road, Chelsea, in appeal to Upper Tribunal in connection with determination of major works service charge liability.
Red Kite Community Housing Ltd v Robertson  UKUT 0134 (LC)
Successfully appealed against the LVT’s decision that social landlord’s estate management charges were unreasonably high
Southern Land Securities Ltd v Hodge & Another  UKUT 0480 (LC)
Represented landlord on appeal from LVT’s determination as to reasonableness of service charges incurred in relation to major works.
Catalyst Community Housing Ltd v Katana  E.G.L.R. 21 (CA)
Successfully resisted appeal by unlawful sub-tenants of development land who claimed to be protected business tenants under Landlord & Tenant Act 1954 rather than mere tenants at will, and also issues as to service of notices and alleged proprietary estoppel.
Ben writes occasional articles for the Estates Gazette and the Property Litigation Association website.
Ben regularly speaks at seminars for solicitors and surveyors both in-house and externally, and he regularly presents advanced training courses for LEASE.