Samuel Lear, Associate
Sam specialises in commercial, residential and agricultural property litigation.
Sam specialises in commercial and residential 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 cases on behalf of landlords and advising on Electronic Communications Code matters.
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.
- 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.
- Acted for a large property management company in respect of a range of arrears claims which included the negotiation of a favourable settlement in respect of a high value arrears claim against a global restaurant chain.
Samuel Lear answers the EG Legal Q&A on code rights
Q&A: Code rights queries answered
Property Patter: Mythbusters
The Real Estate Disputes Team takes a look at some common myths or misunderstandings when it comes to property.
Property Patter: Reasonable Endeavours
What does it mean to use ‘best’, ‘all’ or ‘reasonable’ endeavours?
Q&A: Shared facilities under the right to manage
Samuel Lear answers questions on shared facilities under the right to manage.
Queen’s Speech – How the Government intends to strike a balance in the Private Rented Sector
Samuel Lear writes for the Estates Gazette Legal Q&A on cost apportionment for shared facilities under the right to manage
Samuel Lear answers a question on cost apportionment for shared facilities under the right to manage.
Levelling up: What are the Government's plans for landlords and tenants?
The pandemic’s 'depressing' impact – early signs of the courts’ approach to determining rent
Electronic Communications Code - Tribunal provides further clarity on scope of multi-skilled visits
The question of access onto land and building for installing electronic communications apparatus remains a source of tension.
Terminating 'no fault' evictions – a stay of execution?
Property Patter: the tactics of settlement offers
What impact can settlement offers have on costs?
Q&A: Rent and the problem with pets
Approximately 3.2m UK households have welcomed a pet since the outbreak of Covid-19 - but what does this mean for renters?
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