Property & Real Estate Barristers
Jonathan Upton
Year of call 2004
Instructing Jonathan
For further information or to instruct Jonathan please contact one of our following clerks:
Richard Powell
Practice Managers
“He is a very good technical specialist on service charge disputes.” “He is an absolute master of the First-tier Tribunal.” “His written arguments are spot-on and convincing.”
Chambers UK 2022
“Jonathan is quietly confident and learned, a strong intellect and someone who has really established his own name as a leading practitioner in restrictive covenant and residential law.”
Legal 500 2022
“He combines a sharp mind, deep knowledge, experience and seasoned advocacy with consummate client-handling skills. Very cerebral, persuasive towards judges, prompt and easy to deal with. A good all-round property barrister with both residential and commercial expertise.”
Chambers UK 2021
“Very knowledgeable and experienced in service charges and enfranchisement.”
Legal 500 2021
“A good choice for tricky cases, and someone who provides advice efficiently. He is both very commercial and good value for money.”
Chambers UK 2020
“A specialist in residential service charge law.”
Legal 500 2020 (Property Litigation)
“He has great knowledge and experience, an expert in service charges.”
Legal 500 2019
“Very switched-on and technically very bright.” “He’s very attuned to the client’s interests and goals.”
Chambers UK 2018
“Recommended for advising on landlord’s rights.”
Legal 500 2017
“A first-choice junior for service charge disputes, and clients warm to him as he is practical and approachable.”
Legal 500 2016
“A good all-rounder.”
Legal 500 2015
“A highly effective junior, who is responsive and willing to get stuck in.”
Legal 500 2014
- Co-author, Service Charges & Management, 3rd Edition (Sweet & Maxwell)
- Section Editor, Property Law UK
- Managing Editor, News on the Block, The LVT Bulletin
- Contributor, Leasehold Life
- Contributor, Flat Living
- Association of Leasehold Enfranchisement Practitioners
- Chancery Bar Association
- Property Bar Association
Jonathan Upton specialises in property disputes.
He has been recognised as a Leading Junior for Real Estate and Property Litigation in the legal directories for several years. Chambers UK 2021 notes that Jonathan “regularly handles matters concerning high-value properties and is an expert in such areas as tenants’ rights of first refusal, right to manage and enfranchisement. Commentators note that he really comes into his own in cases concerning service charges”.
Jonathan “combines a sharp mind, deep knowledge, experience and seasoned advocacy with consummate client-handling skills”; he is “very cerebral, persuasive towards judges, prompt and easy to deal with”; and “a good all-round property barrister with both residential and commercial expertise”.
In previous editions he has been described as “very switched-on and technically very bright” and “very attuned to the client’s interests and goals”; “recommended for advising on landlord’s rights” and “a first-choice junior for service charge disputes”.
Jonathan is particularly experienced on matters relating to mixed-use developments. He regularly advises land owners, developers, institutional lenders and indemnity providers on matters such as easements; restrictive covenants; tenants’ rights of first refusal; development agreements; overage; commercial lease interpretation; collective enfranchisement; variation of leases and service charges.
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 The Times, March 21, 2017; and Premium Jet AG v Sutton [2017] EWHC 186 (QB). He successfully appeared in the Upper Tribunal (Fancourt J) concerning the First-tier Tribunal’s jurisdiction to determine an application by joint trustees in bankruptcy to register a restriction against a property held in joint names (Wolloff and Dante (as Joint Trustees in Bankruptcy of Alexander James Dhillon) v Patel [2019] UKUT 333 (LC)).
He has appeared at all levels of tribunals and courts from the First-tier Tribunal (Property Chamber) to the Court of Appeal (three times without a leader) and the Supreme Court. He also has experience of representing parties in arbitration and mediation. He is currently instructed on two cases listed to be heard by the Court of Appeal in 2021.
Jonathan has been identified as one of the most influential people in the residential leasehold property sector in News on the Block’s feature the 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
- Riverside Crem 3 Ltd v Unsdorfer [2022] UKUT 98 (LC); [2022] 4 WLUK 11 Whether management order binding following assignment of landlord’s reversion.
- Eastern Pyramid Group Corporation SA v Spire House RTM Company Limited [2021] EWCA Civ 1658; [2022] 1 W.L.R. 503; [2021] 11 WLUK 73; [2022] L. & T.R. 8; Times, January 17, 2021 Right to Manage; withdrawal of claim notice; proper construction of s.86(2); consequences of failing to serve notice of withdrawal on qualifying tenants.
- Chaun-Hui v K Group Holdings Inc [2021] EWCA Civ 403; [2021] 1 W.L.R. 5981; [2021] 3 WLUK 329; [2022] 1 P. & C.R. 14; [2021] L. & T.R. 12 Whether payments under a management order are “service charges”; recovery of arrears owed to manager following termination of manager’s appointment.
- H Stain Ltd v Richmond [2021] UKUT 0066 (LC) Service charges; construction of a lease.
- Uthyavel v Raviraj [2021] EWHC 501 (Ch); [2021] 3 WLUK 183 Partnership agreements; Partnership property; Shops.
- Eastern Pyramid Group Corporation Sa v Spire House RTM Company Limited [2020] UKUT 0199 (LC); [2020] 3 WLUK 681 Right to Manage; withdrawal of claim notice; proper construction of s.86(2); consequences of failing to serve notice of withdrawal on qualifying tenants.
- Eshraghi v 7/9 Avenue Road (London House) Ltd [2020] UKUT 208 (LC) Service charges; Reserve funds; Jurisdiction; legal costs.
- Consensus Business Group (Ground Rents) Ltd v Palgrave Gardens Freehold Co [2020] EWHC 920 (Ch); [2020] 4 WLUK 236; [2020] 2 P. & C.R. 13; [2020] L. & T.R. 12 Collective enfranchisement; Initial notices; Validity; Permission to amend; meaning of “self-contained building”.
- Freehold Properties 250 Ltd v Field & Others [2020] EWHC 792 (Ch); [2020] Ch. 665; [2020] 3 W.L.R. 233; [2020] 4 WLUK 142; [2020] L. & T.R. 15 Meaning of “tenant of a leasehold house” in s.1(1) of 1967 Act; no right to enfranchise an eggshell lease; whether parcels clause void under s.23(1).
- Martin v Lipton [2020] UKUT 8 (LC); [2020] 1 WLUK 56; [2020] PLSCS 7 Compensation; Modification; Restrictive covenants; User covenants
- Oung Lin Chaun-Hui v K Group Holdings Inc [2019] UKUT 371 (LC); [2020] L. & T.R. 5; [2019] 12 WLUK 80 Whether payments under a management order are “service charges”; recovery of arrears owed to manager following termination of manager’s appointment; F-tT’s approach to issues not properly pleaded. (Permission for a second appeal to the CA granted.)
- (1) Canary Riverside Estate Management Limited; (2) Octagon Overseas Limited v Various Leaseholders of Canary Riverside LRX/99/2019 (unreported) Variation of a management order; discharge and appointment of replacement manager; conflict of interest; application to exclude evidence; whether management order binding against third parties; rule 13 costs
- Wolloff and Dante (as Joint Trustees in Bankruptcy of Alexander James Dhillon) v Patel [2019] UKUT 333 (LC); [2019] 11 WLUK 17; [2020] B.P.I.R. 318; [2020] 1 P. & C.R. DG14; [2020] 4 C.L. 148 Land Registration; Co-ownership; Bankruptcy; Jurisdiction; Constructive and Resulting Trusts
- Camden LBC v Morath [2019] UKUT 193 (LC); [2020] L. & T.R. 4; [2019] 6 WLUK 382 Variation of leases; Mixed use developments
- Palgrave Gardens Freehold Company Limited v Consensus Business Group (Ground Rents) Limited [2019] L. & T.R. 17; [2019] 2 WLUK 265 Collective Enfranchisement; validity of notices; meaning of "Building" (Permission granted for leapfrog appeal to CA).
- Wigmore Homes (UK) Ltd v Spembly Works Residents Association Ltd [2018] UKUT 252 (LC); [2019] H.L.R. 6; [2019] L. & T.R. 12 Conditions precedent; Interim payments; Reasonableness
- Fairman v (1) Cinnamon (Plantation Wharf) Limited (2) Plantation Wharf Management Limited (3) Cube Real Estate Developments Limited [2018] UKUT 421 (LC) Lease construction; power to vary apportionment; applicability and effect of section 27A(6) Landlord and Tenant Act 1985
- CQN RTM Company Limited v Broad Quay North Block Freehold Limited [2018] UKUT 183 (LC); [2018] 7 WLUK 758; [2019] H.L.R. 9; [2018] L. & T.R. 26 Right to Manage; meaning of "structurally detached".
- The Optic Freeholders Limited & Others v Francia Properties Limited [2018] 9 WLUK 451 Tenants' Rights of First Refusal; Enforcement of Purchase Notice 16 years after relevant disposal; validity of purchase notice; delay; whether planning permission a "change in circumstances.".
- Francia Properties Ltd v Aristou & Ors [2017] L. & T.R. 5 Whether roof development interferes with RTM company's management functions - permission granted for leapfrog appeal to CA.
- Saranovic v Saranovic [2017] Co-ownership; beneficial interests; s.1(2)(b) of the Law of Property (Miscellaneous Provisions) Act 1989; unjust enrichment; non est factum; order for sale.
- Premium Jet AG v Sutton [2017] EWHC 186 (QB) Enforcement of Foreign Judgments; Final Charging Order; Beneficial Interests; Declaration of Trust; sham transactions; s.423 Insolvency Act 1986; transactions defrauding creditors.
- Cowthorpe Road 1 - 1a Freehold Limited v Wahedally [2017] L. & T.R. 4 Collective Enfranchisement; service of counter-notice by email.
- Leaseholders of Foundling Court & O'Donnell Court, Brunswick Centre, London v (1) Camden LBC; (2) Allied London (Brunswick) Ltd & Others [2016] UKUT 366 (LC); [2017] L. & T.R. 7 Service Charges; Consultation Requirements; whether freeholder and/or intermediate landlord obliged to consult sub-tenants.
- Saunders v Al-Himaly [2017] EWHC 2219 (Ch) Joint venture; proprietary estoppel; unjust enrichment.
- Tigris Industries Inc v Ghassemian [2016] EWCA Civ 269 Order for sale; second appeals; abuse of process.
- Fazil v Portman Estate Nominees (One) Ltd, CLCC (Ch) [2016] (Unreported) Lease extensions; vesting orders; date terms of acquisition agreed.
- Rossman v Crown Estate Commissioners [2015] UKUT 0288 (LC); [2015] L&TR 31 Lease extension; modification of terms.
- Ghassemian v Tigris Industries Inc [2014] EWHC 3362 (Ch) Order for sale; beneficial ownership; fraud.
- Dass v Beggs [2014] EWHC 164 (Ch) Fraud; security for costs.
- Ghassemian v Tigris Industries Inc [2014] EWHC 3362 (Ch); [2014] 10 WLUK Charging orders; Order for Sale; Authenticity of Declaration of Trust; Burden of proof.
- Daejan Investments Ltd v Benson [2013] UKSC 54; [2013] 7 WLUK 773 Dispensation; Terms of Order; Costs capping orders.
- Ghassemian v Tigris Industries Inc 2013] EWHC 2170 (Ch); [2013] 7 WLUK Adverse possession; Charged property; Legal charges.
- Chaudhary v Chaudhary [2013] EWCA Civ 758; [2013] 5 WLUK 25; [2013] 2 F.L.R. 1526; [2013] Fam. Law 1257 Beneficial interests; Resulting Trusts; Presumption of advancement.
- Clearwater Properties Ltd, Re [2013] UKUT 210 (LC); [2013] 3 WLUK 767 Consent; Discharge; Restrictive covenants; User covenants.
- Daejan Investments Ltd v Benson [2013] UKSC 14; [2013] 1 W.L.R. 854; [2013] 2 All E.R. 375; [2013] 3 WLUK 107; [2013] H.L.R. 21; [2013] 2 P. & C.R. 2; [2013] L. & T.R. 17; [2013] 2 E.G.L.R. 45; [2013] R.V.R. 164 Service charges; Consultation; Dispensation.