Samuel Lear, Associate
Sam specialises in commercial, residential and agricultural property litigation
Sam specialises in commercial, residential and agricultural property litigation. Sam advises on a wide range of contentious property issues, including service charge disputes, dilapidations, rent arrears recovery, break rights, commercial lease renewals, restrictive covenants, and agricultural disputes. Sam has particular experience in conducting trespass matters on behalf of landlords.
Sam acts for a diverse range of clients, including large corporations, small businesses, commercial and residential landlords and tenants, charities, large land-owning estates and individuals.
Sam is admitted to practice in England and Wales and is a member of the Property Litigation Association. He has also written for various publications, including the Estates Gazette, Property Law Journal, and Lexis Nexis. He also appears regularly on the firm’s ‘Property Patter’ podcast.
- Acted for a holiday resort landlord in First Tier Tribunal proceedings and successfully defended a multi-faceted service charge claim brought by leaseholders.
- Assisted in obtaining a reported high court injunction and possession order against persons unknown (in particular, protesters) on land owned by a global corporation.
- Advised a developer on a high-value dispute concerning a joint-venture with a local council.
- Acted for a world-renowned luxury hotel in an application before the First-Tier Tribunal to seek to reinstate the protection intended by certain restrictive covenants which were mistakenly omitted from the Land Registry title of a neighbouring business.
- Acted on behalf of a charity landlord in relation to its dilapidations claim against a residential tenant. The proceedings were settled on mutually acceptable terms following a successful negotiation.
- Advises and reports to a global retailer on its lease terms including yielding up obligations and break/termination obligations.
- Provides regular wide-ranging advice to a large land-owning estate on residential possession matters (including obtaining evictions of problematic tenants), trespass and more unusual matters such as liability for feral livestock.
Property Patter: the basics of settlement offers
Settlement offers are often a sensible route for trying to settle disputes.
Property Patter: The “bubble wrap” option – FAQs on tenant administration
The team look at some key points on tenant administration.
Abandoned premises: Abandon hope, all ye who seek re-entry?
What can landlords do when tenants are leaving premises abandoned without prior notice due to the evolving coronavirus crisis?
Emma Humphreys and Samuel Lear write for Estates Gazette on the implications for landlords if a tenant abandons a property without any communication
Property Patter: what now for business tenancy renewals under the 1954 Act?
COVID-19 is leading to major changes in the landlord and tenant relationship in relation to commercial leases.
Landowners’ powers against protesters: a balancing exercise
Samuel Lear summarises three key Court of Appeal decisions from the last 12 months.
Q&A: A closer look at rent demands
What type of rent demand can a landlord of a commercial lease make which includes a residential flat?
Samuel Lear writes for Property Law Journal on landowners’ powers against protesters
The Goose is cooked - a victory for protesters in the Court of Appeal
Abolishing no fault evictions - 'levelling up' or 'closing down'?
Property Patter: Removing Trespassers
In the sixth episode of our series, we look at the removal of trespassers from property.
Get off my land!
This article provides advice on how to act when trespassers enter onto property without lawful authority or permission from the owner.
Property Patter: Landlord and Tenant Act 1954
In the first in our Property Patter podcast series, the team discuss the Landlord and Tenant Act 1954.
Q&A: Neighbours, noise and nuisance
Samuel Lear and Myriam Stacey (Landmark Chambers) consider questions raised by the Tate Modern viewing gallery case.