Article
28 October 2025
7 minute read
Stuart Miles
Senior Associate
Why choose me
My specialism is dealing with commercial and residential property disputes. I always take time and care to understand the broader context of the legal challenges before giving thorough, measured advice.
I have considerable understanding of the legal implications in the management of property developments of all sizes, from small share of freehold conversions to extensive developments that contain multiple blocks of mixed commercial and residential use. Such disputes include service charge arrears, ground rent reviews, subletting and structural alterations.
Additionally, I have extensive experience of operating in the First Tier Tribunal (Property Chamber) and the Land Registration Division. Matters I have worked on have been decided in both the Upper Tribunal and Court of Appeal.
I have experience of achieving settlements through Alternative Dispute Resolution and have participated in mediations.
My experience includes:
- Achieving a favourable settlement of a case from a high street lender pursuing a proprietary tracing claim against a freehold owner of a residential apartment.
- Conducting litigation in respect of a claim to set aside an expert’s decision assessing rent pursuant to a rent review clause.
- Obtaining a successful settlement against a commercial tenant who had made alterations outside of their demise to the retained part of a landlord’s building.
- Successfully acting for a tenant who had been sued for rent arrears, using an estoppel-based defence.
- Dealing with an application for an unopposed renewal for a business tenant.
- Advising a tenant following the service of a schedule of dilapidations.
- Applying to the First Tier Tribunal to dispense with the requirements to consult under section 20 of the Landlord and Tenant Act 1985. Proactively using Daejan Investments Limited v Benson to obtain urgent dispensation in an instance where it was anticipated that a water pump-set was due for imminent catastrophic failure.
- Dealing with the capability of the assignment of the right to recover service charges to the collection of participating leaseholders of an enfranchised block of flats, pursuant to Section 141 of the Law of Property Act 1925.
- Dealing with the recovery of substantial service charges for a registered management company involving a dispute with a leaseholder who owned 36 flats at the development. The tribunal application involved multiple heads of items challenged in the Scott schedules.
- Obtaining the freehold on behalf of leaseholders in respect of their absentee landlord, pursuant to an application for a vesting order.
- Managing a group action against a landlord for claims for misrepresentation during the sales, the defective build of the estate and breaches of covenants in the leases. Dealing with multiple limitation deadlines and handling standstill agreements.
- Successfully rectifying a title in proceedings in the Land Registration Division.
- Dealing with the forfeiture of a lease with a defence from the assignee of the lease of waiving the right to forfeit due to the demand being sent to the assignor of the lease and dealing with the evidential burden of whether the demand was received.
- Dealing with relief from forfeiture applications of severely dilapidated premises whereby the premises were brought back to standard expected by the covenants in the leases. Liaising with the surveyor to achieve a successful outcome.
- Dealing with an application for permission to appeal to the Court of Appeal over when the legal and beneficial interest in a freehold title passes during an aborted transaction to sell the freehold title.
- Securing an order for the sale of a property for a client who had separated from their partner, utilising Section 14 of TOLATA.
- Achieving a settlement to imply a right of way to landlocked unregistered land, which resulted in the client obtaining a formal deed of easement across neighbouring land.
- Obtaining a Court declaration for a right of way where the title documents had failed to record the right and the relevant documents could not be located.
- Securing a settlement via mediation in proceedings brought in the Land Registration Division in relation to opposing a complex claim brought for adverse possession.
Outside of work I enjoy most team sports, with football, rugby and cricket as my main passions.
I also enjoy travel and spending time with my family.
My specialism is dealing with commercial and residential property disputes. I always take time and care to understand the broader context of the legal challenges before giving thorough, measured advice.
I have considerable understanding of the legal implications in the management of property developments of all sizes, from small share of freehold conversions to extensive developments that contain multiple blocks of mixed commercial and residential use. Such disputes include service charge arrears, ground rent reviews, subletting and structural alterations.
Additionally, I have extensive experience of operating in the First Tier Tribunal (Property Chamber) and the Land Registration Division. Matters I have worked on have been decided in both the Upper Tribunal and Court of Appeal.
I have experience of achieving settlements through Alternative Dispute Resolution and have participated in mediations.
My experience includes:
- Achieving a favourable settlement of a case from a high street lender pursuing a proprietary tracing claim against a freehold owner of a residential apartment.
- Conducting litigation in respect of a claim to set aside an expert’s decision assessing rent pursuant to a rent review clause.
- Obtaining a successful settlement against a commercial tenant who had made alterations outside of their demise to the retained part of a landlord’s building.
- Successfully acting for a tenant who had been sued for rent arrears, using an estoppel-based defence.
- Dealing with an application for an unopposed renewal for a business tenant.
- Advising a tenant following the service of a schedule of dilapidations.
- Applying to the First Tier Tribunal to dispense with the requirements to consult under section 20 of the Landlord and Tenant Act 1985. Proactively using Daejan Investments Limited v Benson to obtain urgent dispensation in an instance where it was anticipated that a water pump-set was due for imminent catastrophic failure.
- Dealing with the capability of the assignment of the right to recover service charges to the collection of participating leaseholders of an enfranchised block of flats, pursuant to Section 141 of the Law of Property Act 1925.
- Dealing with the recovery of substantial service charges for a registered management company involving a dispute with a leaseholder who owned 36 flats at the development. The tribunal application involved multiple heads of items challenged in the Scott schedules.
- Obtaining the freehold on behalf of leaseholders in respect of their absentee landlord, pursuant to an application for a vesting order.
- Managing a group action against a landlord for claims for misrepresentation during the sales, the defective build of the estate and breaches of covenants in the leases. Dealing with multiple limitation deadlines and handling standstill agreements.
- Successfully rectifying a title in proceedings in the Land Registration Division.
- Dealing with the forfeiture of a lease with a defence from the assignee of the lease of waiving the right to forfeit due to the demand being sent to the assignor of the lease and dealing with the evidential burden of whether the demand was received.
- Dealing with relief from forfeiture applications of severely dilapidated premises whereby the premises were brought back to standard expected by the covenants in the leases. Liaising with the surveyor to achieve a successful outcome.
- Dealing with an application for permission to appeal to the Court of Appeal over when the legal and beneficial interest in a freehold title passes during an aborted transaction to sell the freehold title.
- Securing an order for the sale of a property for a client who had separated from their partner, utilising Section 14 of TOLATA.
- Achieving a settlement to imply a right of way to landlocked unregistered land, which resulted in the client obtaining a formal deed of easement across neighbouring land.
- Obtaining a Court declaration for a right of way where the title documents had failed to record the right and the relevant documents could not be located.
- Securing a settlement via mediation in proceedings brought in the Land Registration Division in relation to opposing a complex claim brought for adverse possession.
Outside of work I enjoy most team sports, with football, rugby and cricket as my main passions.
I also enjoy travel and spending time with my family.