Jonathan Upton

Jonathan specialises in property disputes.

He has been recognised as a Leading Junior for Property Litigation in the legal directories for several years.  He is "very switched-on and technically very bright" and "very attuned to the client's interests and goals" (Chambers UK Bar 2018, Real Estate Litigation); "recommended for advising on landlord’s rights" (Legal 500 2017, Property Litigation) and "a first-choice junior for service charge disputes" (Legal 500 2016, Property Litigation).

Jonathan is particularly experienced on matters relating to mixed-use developments and he regularly advises developers, landlords and leaseholders on matters such as tenants' rights of first refusal; lease interpretation; collective enfranchisement; lease extensions; Right to Manage claims; variation of leases and service charges.

He also advises developers, land owners, institutional lenders and indemnity providers on disputes relating to restrictive convenants; rights of way; development agreements; and overage. 

Jonathan's practice also encompasses co-ownership disputes and applications for orders for sale/TOLATA claims.  He successfully argued for a resulting trust analysis in Chaudhary v Chaudhary [2013] EWCA Civ 758; [2013] 2 F.L.R. 1526; [2013] Fam. Law 1257 and has been involved in a number of cases involving the bona fides of a declaration of trust: Tigris Industries Inc v Ghassemian [2016] EWCA Civ 269; Saranovic v Saranovic Times, March 21, 2017; and Premium Jet AG v Sutton [2017] EWHC 186 (QB).   

For many years Jonathan wrote a popular monthly update on Service Charges and Estate Management.  He now edits chambers' update with the same title.  

He has appeared at all levels of tribunals and courts from the First-tier Tribunal (Property Chamber) to the Court of Appeal (twice without a leader) and the Supreme Court.  He also has experience of representing parties in arbitration and mediation.  

Jonathan is recognised as one of the most influential people in the residential leasehold property sector in News on the Block's "Hot 100".  The list is a mix of leasehold campaigners, Parliamentarians, trade and professional bodies, managing agents, building owners, investors, developers, valuers, and lawyers. 

Jonathan accepts instructions directly from members of the public under the Public Access Scheme.


Notable Cases