Dispute Resolution

Teacher Stern’s experienced team of real estate litigators work both directly with landlords, tenants, property professionals as well as hand-in-hand with the firm’s transactional team to identify and implement robust solutions for issues arising out of real estate ownership and occupation. We are firmly focused on extracting added value for our clients and our approach is pragmatic and cost effective.

Our real estate litigation team has extensive experience in dealing with complex real estate disputes involving both commercial and residential property. We regularly advise on lease renewals, rent reviews, interim and terminal dilapidation claims, lease covenant enforcement, insolvency issues and other contentious matters affecting property including restrictive covenants, boundary disputes, planning, statutory compensation, construction claims, Law of Property Act receiverships, and secured lending enforcement.

We also have a specialist team focusing on residential real estate, acting for landlords, managing agents and tenants. Our work in this area includes advising in relation to lease extensions, collective enfranchisements, the right to manage, ground rent and service charge collection, major service charge strategies, complex service charge disputes, forfeiture and possession claims.

We also have a proven track record across all commercial sectors including shopping centres, retail premises, warehouses, pubs and leisure, offices and industrial premises.

Whilst we aim to conduct our clients’ cases with vigour in the Courts and Tribunals, our objective is always to achieve a cost-effective resolution of a dispute and our team is well versed in seeking settlement through mediation and alternative dispute resolution.

Representative Dispute Resolution Work

Examples of our real estate dispute resolution work include:

  • Advised a landlord in connection with the forfeiture of a commercial lease arising from the breach of a non-alienation covenant, successfully resisting the application for relief from forfeiture and securing the grant of a new lease at 4x the amount of original passing rent.
  • Advised a tenant in obtaining relief from forfeiture of a restaurant premises following peaceable re-entry by the landlord for non-payment of rent; securing a licence for the tenant to occupy pending the making of a Court order enabling the tenant to collect the keys within 6 hours of instructions being given.
  • Advised a mortgagee in obtaining an order for possession of a residential property in Knightsbridge to realise security in excess of £20m.
  • Advised a landlord in successfully challenging the validity of a Section 26 Notice under the Landlord & Tenant Act 1954 which was served on behalf of a major UK clearing bank.
  • Advised a freeholder in respect of a successful application to the Leasehold Valuation Tribunal to vary 365 residential leases.

Key contacts:

Photo of Jonathan Cantor

Jonathan Cantor

Partner Dispute Resolution
Work 37 – 41 Bedford Row London WC1R 4JH United Kingdom Tel: +44 (0) 20 7611 4870

Biography

Jonathan specialises in commercial litigation, with a particular emphasis on the resolution of disputes relating to Real Estate, commercial and residential.

He has a long and successful track record of working with owners, occupiers, managing agents and property professionals in disputes involving commercial property, in particular, including the contentious aspects of lease renewals under Part 2 Landlord and Tenant Act 1954, breaches of lease covenants, interim and terminal dilapidations.

Jonathan also advises extensively in relation to contract, insolvency and other business-related disputes concerning property.

Mediation

Jonathan is a trained mediator and has many years experience of representing clients in the mediation process. He has also written for the Estates Gazette and the Law Society Gazette.

Representative Experience

Jonathan has:

  • Advised commercial landlord in relation to assembly of site for major development and the opposition to the grant of new tenancies under Part II of the Landlord and Tenant Act 1954.
  • Advised developer in relation to a claim to right of way over its land made by the adjoining land owner.
  • Advised landlord of commercial premises in relation to breaches of covenant by its headlessee ultimately leading to the dismissal of the headlessee’s claim for relief from forfeiture and the grant of a new lease at four times the amount of the previous rent.
  • Advised owner of high value residential premises in Central London resisting a claim to a beneficial ownership in the premises.
  • Advised residential landlord in relation to claim for possession of tenancy protected by Rent Act 1977 following the making of an offer of suitable alternative accommodation.
  • Advised tenants of premises whose leases were excluded from protection under Part II of the Landlord and Tenant Act 1954 in relation to their securing protected occupation after the contractual term of their underleases had come to an end.
  • Advised occupier of restaurant premises in resisting freeholder’s claim for possession on the basis that its occupation was without licence or consent.

Career History

Partner, Teacher Stern 2010 to date

Consultant, Teacher Stern 2007 – 2010

Consultant, Portner and Jaskel 2003 – 2007

Partner, Binks Stern and successor practices 1982 – 2003

Solicitor, Binks Stern 1980-1982

Trainee, Binks Stern 1978 – 1980

Education

University of Nottingham

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37 – 41 Bedford Row London WC1R 4JH United Kingdom