Property & Real Estate Barristers
Sam Madge-Wyld
Year of call 2008
Instructing Sam
For further information or to instruct Sam please contact one of our following clerks:
Richard Powell
Practice Managers
“Very good and very reliable.”
Legal 500 2020 (Social Housing)
“He’s very approachable. He has a laid-back manner but also a quiet confidence which reassures the clients.”
Chambers UK 2019 (Band 2, Social Housing)
“Real expertise in leasehold work before the residential property tribunal.”
Legal 500 2018
“Extremely confident and very impressive. He got hold of a complicated case at the last minute and got a good result.” “He is really reliable and gives consistently good service.”
Chambers UK 2018 (Band 2, Social Housing)
“A great barrister all round”
Legal 500 2017
“Thoroughly reliable, quick thinking and good on his feet. He’s not caught out by anything in court and is completely on top of the law.”
Chambers UK 2017
“Thorough, determined and completely reliable.”
Legal 500 2016
“He has an exhaustive knowledge of the law relating to social housing and is always ready for the fight. He is a robust advocate and can turn cases around through his cross-examination.”
Chambers UK 2016
“A bright spark in the sector.”
Chambers UK 2015
He has a “cool head” and possesses “great client care skills” and “an acute legal brain and practical approach to problem solving.”
Chambers UK 2014
“One of the most bright up-and-coming barristers working within social housing.”
Chambers UK 2013
- Co-author: Defending Possession Proceedings (Legal Action Group, 8th Edition, 2016).
- Co-author: Housing Law Casebook (Legal Action Group, 6th & 7th Edition, 2015 & 2017).
- Co-author: Quiet Enjoyment (Legal Action Group, 7th & 8th Edition, 2012 & 2017).
- Co-author: Recent Developments in Housing Law (Legal Action Group, July 2018 – present)
- Co-author: Service Charges and Management (Sweet & Maxwell, 4th Edition, 2018)
- Contributor: The LVT Bulletin, a monthly online digest of cases relevant to leasehold property (News on the Block, 2013-2015)
- Annotations: Local Government Encyclopedia (Sweet & Maxwell, looseleaf, 2014). Annotations to the Human Rights Act 1998.
- Assistant Editor: Local Government Finance: Law and Practice (Sweet & Maxwell, looseleaf, 2012-2016).
- Property Bar Association
Sam Madge-Wyld’s practice encompasses every aspect of landlord & tenant and real property law, with a particular focus on leasehold and management disputes. He regularly acts for freeholders, surveyors, property managers and leaseholders throughout the country in the First-Tier Tribunal (Property Chamber), Upper Tribunal (Lands Chamber), High Court and county court.
He is recommended by both the Chambers & Partners and Legal 500 guides and is said to be “Extremely confident and very impressive” (Chambers & Partners 2018).
Sam, in addition to his busy practice, writes extensively in his areas of expertise. He is the co-author of Defending Possession Proceedings (2016), Housing Law Casebook (2017) and Quiet Enjoyment: Protection from Rogue Landlords (2017) and regularly writes articles for a number of legal journals and publications. He also lectures and teaches solicitors, property managers, private landlords and letting agents at conferences and seminars across the country.
He accepts instructions on a direct access basis from the public.
Areas of expertise
Sam acts for residential and commercial lessors, lessees, property managers and surveyors on a wide variety of leasehold disputes including:
- Claims for possession under Landlord and Tenant Act 1954
- Dilapidations
- Forfeiture
- Lease extensions
- Lease variations
- Leasehold enfranchisement
- Management disputes
- Rent reviews
- Rent Act, assured and secure tenancy disputes
- Rent repayment orders and other enforcement and prosecutions under the Housing Act 2004
- Right to manage claims
- Service charges
- The inter-relationship between the Human Rights Act 1988, Equality Act 2010 and other public law principles to landlord and tenant disputes
- The right to buy
- The right to rent (Immigration Act 2014) and other regulation of private landlords
- And all other hearings in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)
He presents seminars and speaks at conferences on the recovery of ground rent, service and administration charges, lease variations, service of property notices and the application of the Equality Act 2010 to leasehold premises.
Sam advises and acts for clients in all areas of property law including:
- Adverse possession
- Boundary disputes
- Nuisance
- Freehold covenants
- Rentcharges
- Alteration and rectification of the land register
- Mortgages
- Orders for sale
- Trusts of land
- Co-ownership (constructive/resulting trusts)
- Proprietary estoppel
- Developments
- Injunctions against protestors
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Sam, as a part of his real property practice, acts for and against banks, other lenders and LPA receivers in all types of mortgage litigation.”
Sam advises and acts on property related professional negligence for and against managing agents, surveyors and solicitors.
Notable Cases
- UK Oil and Gas v Persons Unknown [2018] EWHC 2252 (Ch). Quia timet injunction to restrain protestors from trespassing to land and undertaking direction action.
- Newham LBC v Harris [2017] UKUT 264 (LC) Rent repayment orders.
- Southwark LBC v Akhtar & Stel LLC [2017] UKUT 150 (LC) s.7, Interpretation Act 1978 does not apply to service of notices under Landlord and Tenant Act 1985 unless a lease expressly incorporates s.196, Law of Property Act 1925; an estimated service charge demand served towards the end of the service charge year was not recoverable under the lease unless strict compliance with the lease had been waived.
- Southwark LBC v Various Lessees of St Saviours Estate [2017] UKUT 10 (LC) The cost of replacing front entrance doors, which did not meet fire safety requirements but were found not to be in disrepair, was not recoverable as a service charge.
- Mohamoud v Kensington & Chelsea RLBC [2015] EWCA Civ 780; [2016] PTSR 289; [2015] HLR 38 The Court of Appeal considered the application of s.11 Children Act 2004 to possession claims brought by local authorities.
- Birmingham CC v Merali [2015] EWCA Civ 49; [2016] QB 455; [2015] HLR 27 Eligibility / homelessness - the application of Zambrano to homeless applications under Part 7 Housing Act 1996.
- Birmingham CC v Lloyd [2012] EWCA Civ 969; [2012] HLR 44 Trespassers must establish the most exceptional circumstances before being permitted to raise an Article 8 defence to a possession claim.