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Jonathan’s recent reported property cases have ranged from skyscrapers in central London to holiday parks in Cornwall and start-ups in Shoreditch. He covers the full range of property work including mortgage, landlord and tenant and conveyancing issues. A substantial element of his work involves advising on potential issues around transactions, such as rights to light, the construction of restrictive covenants (whether freehold or leasehold) and the leasehold enfranchisement process. He has also contributed to the Conveyancer.
Recent examples of litigation include:
- MASNOL v Cripps Harries Hall  EWHC 2483 (Ch). Led by Jonathan Seitler QC, Jonathan successfully defended two lawyers accused of an £11 million conveyancing fraud arising out of buy-to-let lending in 2007. The case also involved issues around the proper meaning of “redemption” in a mortgage context and the interpretation of CPSEs.
- Damac Park Towers v Ward (CA 006/2015, 14 December 2015.) Jonathan was led by Rupert Reed QC on the appeal in the DIFC Courts in Dubai. Rupert and Jonathan, having been brought in for the appeal, overturned the trial judge’s decision on the construction of a “reservation agreement” for the purchase of off-plan property in Dubai. The case raised an interesting issue of what amounted to forfeiture in a jurisdiction with no express provision for relief.
- Matchmove v Dowding (permission  EWCA Civ 313; full appeal forthcoming.) The dispute concerns constructive trusts, proprietary estoppel and section 2 of the 1989 Act. Jonathan, having obtained permission as sole counsel, is led by Jonathan Seitler QC for the appeal.
- Phillips v Francis  1 WLR 741. Jonathan acted with Jonathan Seitler QC for the successful appellant on the leading case on the meaning of ‘works’ for landlord and tenant consultation purposes.
- Reedbase v Fattal An 11-day county court landlord and tenant trial. Claim for unpaid rent and counterclaim for alleged disrepair arising out of works done to a roof terrace of a penthouse overlooking the Regent’s Park. Jonathan acted for the successful landlord in recovering the rent and defeating arguments on the repairing covenant and the 1985 Act consultation regime. An appeal is listed for spring 2017.
- Century Projects v Almacantar  EWHC 394 (Ch) Acting with Jonathan Seitler QC, on a number of related disputes over the restaurant at the top of the Centre Point Tower on Oxford Street. Jonathan and Jonathan successfully resisted an interim injunction
Jonathan’s advisory work has included:
- Advising in relation to rights to light issues on a major proposed development in central London.
- Advising a major UK retail tenant of their service charge liabilities following a change in apportionment by the landlord
- Advising a right to manage company on its position regarding disgruntled former director tenants
- Leasehold enfranchisement – providing advice to both landlords and tenants and drafting notices or counter-notices where appropriate
- Considering the extent of the demise of long leases of residential property where there a proposals to develop the basement or the roof space