Jonathan has a wealth of experience in many areas of property litigation.
Landlord and Tenant
Jonathan has acted extensively in commercial and residential landlord and tenant disputes, advocating and advising in such areas as contentious commercial lease renewal, breach of covenant, service charges, forfeiture of commercial leases, and possession.
Recent work includes:
- Advising on and successfully appealing a decision of the First-Tier Tribunal on the reasonableness of service charges (acting for landlord).
- Advising a commercial tenant on claiming the existence of a new lease by proprietary estoppel and the impact of a CVA on the landlord’s claims to rent.
- Advising a commercial tenant on the terms likely to be contained within a new lease awarded by the Court under the Landlord and Tenant Act 1954.
Trusts and competing rights
Jonathan has acted in cases concerning the avoidance of a property transfer for undue influence, an appeal on a novel point of law concerning the application of limitation periods to claims to equitable interests under a trust of land, adverse possession, and constructive trusts arising out of domestic co-habitation. He has advised on areas as diverse as the establishment of easements, wavier and estoppel in relation to leasehold covenants and trespass by satellite dishes.
Recent work includes
- Several successful claims by Trustees in Bankruptcy for possession and sale of the bankrupt’s home.
- Advising on and securing a High Court injunction preventing the sale of property pending the resolution of his client’s claim to be entitled to an equitable charge.
- Advising on and securing a High Court injunction to require the removal of a Notice registered on title at HM Land Registry.
- Successfully opposing a High Court injunction preventing the sale of property in the context of an undue influence claim.
- Applications under the Trust of Land and Appointment of Trustees Act 1996 and for Orders under sections 44 and 50 of the Trustee Act 1925.
- Advising on the claimant’s right to register an easement by prescription and on consequent Tribunal proceedings.
- Advising on the meaning of a restrictive covenant preventing the building of new dwellings on land.