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Samuel Lear

Senior Associate

Sam specialises in commercial, residential and agricultural property litigation.

samuel-lear

About

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 practise 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.

Experience

  • 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.

Our thinking

  • Injunctions against potential protesters - Estates Gazette Q&A

    Samuel Lear

    Insights

  • It’s not just a High Court decision, it’s a successful M&S High Court Decision

    Sophie Willis

    Quick Reads

  • Are ‘no fault evictions’ to end this year?

    Samuel Lear

    Quick Reads

  • Property Week quotes Samuel Lear on the Renter’s Reform Bill

    Samuel Lear

    In The Press

  • Is Schedule 8 of the Building Safety Act 2022 retrospective?: An analysis of the first Upper Tribunal decision under the Act

    Oliver Park

    Insights

  • All Real Estate Disputes lawyers want for Christmas is...

    Samuel Lear

    Quick Reads

  • Property Patter: the Renters Reform Bill

    Samuel Lear

    Podcasts

  • Property Week quotes Samuel Lear on the Renters Reform Bill featured in the King’s Speech

    Samuel Lear

    In The Press

  • The King's Speech - Renters Reform

    Samuel Lear

    Quick Reads

  • Property Patter: Top 5 Notice Traps

    Emma Humphreys

    Podcasts

  • New review of the Landlord & Tenant Act 1954: Acting in the interests of business?

    Emma Humphreys

    Quick Reads

  • Attention private landlords and tenants - a new 'How to Rent' guide has been published

    Samuel Lear

    Quick Reads

  • Property Patter: Spring Budget 2023

    Samuel Lear

    Podcasts

  • Business lease renewals – another court decision on rent, interim rent and fitting out periods

    Samuel Lear

    Insights

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