James Sandham

James has advised and acted in service charge disputes for more than 15 years, including defective cladding since 2017 for freeholders, contractors, managing agents and leaseholders.   He has acted in many of the leading cases decided under the 1985, 1987, and 2002 Acts (now amended by the BSA 2022), including the Upper Tribunal (Lands Chamber), Court of Appeal, and Supreme Court.  In late 2017, that work centred on the means by which the remedial costs were recovered and apportioned between the myriad of concerned parties.  However, since the Government’s recent intervention, his practice now tends to be concerned with the implications of the Building Safety Act 2022 which contains measures that are intended to improve the safety of buildings, particularly those deemed to be higher-risk buildings.

Typically, that work includes the BSA 2022’s amendments to the LTA 1985 and LTA 1987, such as:

• The building safety provisions implied into certain leases under the LTA 1985: 112 of the BSA 2022.
• Liability for the cost of taking building safety measures under the LTA 1985, including the ongoing costs incurred once a higher-risk building is occupied, assessing building safety risks, and providing information to tenants and others: s.112 of the BSA 2022.
• The building safety information that must be provided under LTA 1987: 113 of the BSA 2022.
• Liability for the cost of remedying construction defects that pose a building safety risk, including the removal of dangerous cladding: s.116 to 125 of, and Schedule 8 to, the BSA 2022.
• The extended limitation periods, including those under the DPA 1972, as amended by the BSA 2022.

Reported cases (1985, 1987, 2002 Acts):

Williams & Anor v Aviva Investors Ground Rent GP Ltd & Anor [2023] UKSC 6; [2023] 2 W.L.R. 484  | [2023] 2 All E.R. 797 | [2023] 2 WLUK 95 | [2023] H.L.R. 20  | [2023] L. & T.R. 13 | [2023] 2 P. & C.R. DG9 (The Supreme Court discussed the effect of the Landlord and Tenant Act 1985 s.27A(6) on a contractual provision in a residential lease which allowed a landlord to change a tenant’s share of service charge costs.)

Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor [2021] EWCA Civ 27 | [2021] 1 W.L.R. 2061  | [2021] 1 WLUK 127 | [2022] H.L.R. 2  | [2021] L. & T.R. 22  | [2021] 1 P. & C.R. DG23 (A clause in a residential lease purporting to provide for a determination of apportionment of service charges by the landlord was void, pursuant to the Landlord and Tenant Act 1985 s.27A(6). Under s.27A(1), the task of making that determination transferred from the landlord to the First-tier Tribunal, meaning that it was open to the landlord or the tenant to refer the question of a different percentage to the FTT.)

Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (rule 13 costs application.)

Opara v Olasemo [2020] UKUT 96 (LC) | [2020] 3 WLUK 439 | [2020] L.L.R. 527 | [2020] 2 P. & C.R. DG13 (When considering a tenant’s application for a rent repayment order under the Housing and Planning Act 2016 s.40, the First-tier Tribunal had erred in failing to find that the landlord had committed the offences of unlawful eviction or of managing a house in multiple occupation without a licence. Both offences had been proved to the criminal standard of proof and the condition precedent for making such an order had therefore been satisfied.)

Stemp v 6 Ladbroke Gardens Management Ltd [2018] UKUT 375 (LC) | [2018] 10 WLUK 602 | [2019] H.L.R. 18  | [2019] L. & T.R. 10  | [2019] 1 P. & C.R. DG19 (It was possible for a landlord, during the period in which he was prevented from exercising his right of re-entry by the Housing Act 1996 s.81, to waive the right to forfeit a lease for non-payment of service charges.)

Corvan (Properties) Ltd v Abdel-Mahmoud [2018] EWCA Civ 1102 | [2018] 5 WLUK 254 | [2018] H.L.R. 36  | [2019] 1 P. & C.R. 3  | [2018] L. & T.R. 25 (A management agreement, which had a contract period of one year which would continue thereafter until terminated, was an agreement for a term of more than 12 months and therefore a qualifying long-term agreement under the Landlord and Tenant Act 1985 s.20ZA.)

London Borough of Islington v Dyer [2017] EWCA Civ 150; [2017] P.T.S.R. 731; [2017] H.L.R. 20; [2017] 2 P. & C.R. DG6; Times, May 3, 2017 (A notice served by a landlord on a tenant for the purposes of the Housing Act 1996 s.128 could be comprised in more than one document. There was no reason why an accompanying information leaflet should not be treated as part of the notice if the reasonable recipient would have understood that the documents were intended to be read together.)

Primeview Developments Limited v (1) Mr R Ahmed and Dr M H Javaid (2) Mrs Jumbo (3) Mr Frade (4) Mrs Kelly [2017] UKUT 0057 (LC), [2017] 3 WLUK 164 (Administration charges – costs orders under rule 13, Property Chamber Rules 2013 and s.20C, Landlord and Tenant Act 1985, whether appellant unreasonable to refuse mediation)

Firstport Property Services Limited v Ahmet [2017] UKUT 0036 (LC) (Lessee’s obligation to pay proportion of estate costs by reference to formula – whether lessee’s proportion should be calculated by reference to 13 dwellings built on land sold to another developer as well as the 218 dwellings built on the retained land, both sites together constituting a single residential estate – whether the estate costs payable by the lessee should include the costs associated solely with the land sold as well as the retained land)

Corvan v Mahmoud [2017] UKUT 228 (LC) (definition of a Qualifying Long Term Agreement for the purposes of s.20ZA. Currently on appeal to the Court of Appeal).

Norwich CC v Redford [2015] UKUT 30 (LC) (Apportionment; Flats; Lighting; Local authorities’ powers and duties; Rateable value; Service charges)

Begum v Birmingham CC [2015] EWCA Civ 386; [2015] CP Rep 32; [2015] 3 Costs LO 387; [2015] HLR 33 (Amendments; Breach of statutory duty; Costs; Defects; Local authorities’ liabilities; Local authority housing; Sale of property; Statements of case)

Queensbridge Investments Limited v Leaseholders of Flat 2 and 3, 135 Ladbroke Grove, London, W11 1PN Upper Tribunal, (permission) LRX/70/2015 and LRX/156/2016 (s.168 of the Commonhold and Leasehold Reform Act 2002; waiver of covenant prohibiting sub-letting; ostensible authority of managing agents)

Ergun v Smith and Anor [2014] EWHC 4919 (Fresh evidence in the form of the correct lease was admitted in proceedings where applications for permission to appeal an order relating to a property had already been refused. Although the correct document could have been obtained and produced earlier, it would have an important influence on the outcome of the case and the overriding objective was properly satisfied.)

Eaglesham Properties Limited v Leaseholders of Flats 2, 3, 6, 7, 8 and 12 Drysdale Dwellings LRX/19/2014 (Appointment of a manager, jurisdiction to determine the proper construction of orders, entitlement to recover monies equivalent to service charges from the freehold owner of flats not let on long leases)

London Borough of Brent v Cheryl Tudor [2013] EWCA Civ.157; [2013] HLR 20; [2013] 1 P & CR DG23 (Possession; under occupying; ground 16; whether reasonably required to accommodate the successor secure tenant and her family

Begum v Birmingham CC [2013], TCC, Dec 18, 2013 (Sale of land; duty to disclose structural defects known to the freeholder at the time of sale; liability, damages and rescission arising out of misrepresentation and a breach of the statutory)

Aaron Burchell v Raj Properties Ltd [2013] UKUT 443 (LC); [2014] L & TR 3; [2013] 3 EGLR 62; [2013] 43 EG 127 (CS) (leasehold enfranchisement; “terms of acquisition”: s.48(1), Leasehold Reform, Housing and Urban Development Act 1993; restrictions on dispositions; meaning of “change”:  s.57(6)(b))

Rossman v The Crown Estate Commissioners LON/00BK/LVL/2011/0013 (Lease variations; satisfactory provision; computation; equitable forbearance; estoppel)

Kingsmere RTM Company Ltd v Anstone Properties Ltd CHI/00ML/LRM/2011/0017 (RTM; multiple blocks; ultra vires; articles of  association)

James is recognised as a leading property junior (Legal 500) and is instructed in all manner of landlord and tenant disputes. These include claims for forfeiture, trespass, nuisance; interim and terminal dilapidations claims, claims relating to breaches / enforceability of leasehold covenants, service charge disputes, rent reviews, and disputes about the validity of property notices.

James is a recognised leading property junior (Legal 500) and deals with virtually every kind of real property claim, including those involving questions of Land Registration, conveyancing issues, adverse possession, restrictive covenants, overage agreements, easements, profits a prendre, options, rights of first refusal, trusts of land, subrogation to security rights, and rectification claims.

James is a recognised leading property junior (Legal 500) whose practice includes traditional chancery private client work. He has acted in a range of disputes concerning trust assets and is often instructed where the issues involve the treatment of real property in claims under the Trusts of Land and Appointment of Trustees Act 1996 including beneficial interest disputes and s.75 trusts under the Land Registration Act 2002.  Recent instructions have included advising on the validity of wills, the validity of asset transfers prior to death, the duties of executors, intestacy and the consequent effect on the administration of the estate, advising trustees on the construction of discretionary trusts.

Contentious Trusts

James advises and acts in disputes concerning trusts, including those arising from private wealth structures, estates, and family arrangements. He is instructed by private client solicitors, trustees, beneficiaries, and other interested parties in matters ranging from advisory work through to High Court litigation.

Areas of Practice

James’ contentious trusts practice encompasses:

• Challenges to the validity of trusts
• Capacity, undue influence, and allegations of fraud
• Sham trusts and disputes as to intention
• Trustee disputes
• Breach of trust claims
• Removal and replacement of trustees
• Applications for directions and Beddoe relief
• Challenges to the exercise of trustee discretions
• Beneficiary disputes
• Entitlement and distribution issues
• Conflicts between beneficiaries
• Disputes concerning discretionary trusts
• Claims involving third parties
• Knowing receipt and dishonest assistance
• Tracing and recovery of trust assets
• Trust administration disputes
• Failure to account or provide information
• Delay in administration or distribution
• Disputes regarding trustee remuneration and expenses
• Construction and rectification
• Interpretation of trust instruments
• Rectification of drafting errors
• Variation and restructuring of trusts
• Applications under the Variation of Trusts Act 1958
• Reorganisation of trust structures
• Trusts and estates overlap
• Will trusts and estate-related disputes

Approach

James works closely with instructing solicitors to provide clear, strategic advice at an early stage, with a focus on achieving pragmatic outcomes. Where litigation is required, he adopts a thorough and robust approach to advancing his clients’ interests.

Working with Solicitors

James is regularly instructed by private client solicitors and is experienced in working as part of a wider advisory team. He provides responsive, commercially focused advice and is comfortable advising at all stages of a dispute, from initial risk assessment through to trial.

Experience

James has experience acting for trustees, beneficiaries, and other parties in complex and high-value trust disputes. His work often involves intricate factual issues, detailed trust documentation, and the need for careful strategic handling.

James is recognised as a leading junior (Legal 500) with extensive experience and expertise in civil fraud work.  He has acted for and against litigants in cases involving allegations of dishonesty and is typically instructed in claims involving fraudulent transfers of land, dishonest attempts to appropriate land, forged deeds and loan agreements, “sham” transactions, the misappropriated and recovery of funds including those outside the jurisdiction, mortgage and identity frauds, offshore structures, and asset confiscation under the Proceeds of Crime Act 2002.

James has extensive experience and expertise in commercial work.  His practice covers a broad range of business disputes, including matters involving claims on guarantees / indemnities, letters of credit, the sale of goods and transfer of title, the supply of services, bailment, and the proper construction and effect of contractual terms and conditions.

James has extensive experience and expertise in  company and partnership matters, such as disputes arising from the dissolution of partnerships.

James undertakes both claimant and defendant work for a range of clients in connection with professional liability claims relating to his core practice areas. Instructions have included claims for and against solicitors, surveyors and managing agents.

2024 – 2026

Bano v Zaheer  [2026] UKFTT 302 (PC)
Cancelling an application to be registered; Presumed undue influence.

Uddin v Uddin  [2026] EWHC 150 (Ch)
High Court (Chancery Appeals) decision clarifying that an oral variation of a constructive trust is unenforceable absent substantial post-agreement detrimental reliance; s.53(2) LPA 1925 does not dispense with the requirement for reliance.

Drew v Drewe [2025] UKFTT 01080 (PC)
Declarations of trust; Forgery; Presumed undue influence; Restrictions

W8 Freehold Ltd v Daswani  [2024] EWHC 3257 (Ch)
Authoritative decision of Sir Anthony Mann on the scope and operation of the Party Wall etc. Act 1996, including sequencing of notices and lawful access to neighbouring land.

Bradley v Abacus Land 4 Ltd  [2024] UKUT 120 (LC)
Leading decision on service charge apportionment and landlord discretion following Aviva v Williams; objective reasonableness in mixed-use developments.

Assethold Ltd v Interface Properties Ltd  [2024] UKUT 371 (LC)
Clarifies when a court or tribunal may imply terms into a lease; limits on implication where express covenants are absent.

2021 – 2023

Benton and Others v Paes and Others (Central London County Court, 17 July 2023)
Factually complex trial attracting extensive domestic and international media coverage, including The Times and The Telegraph.

Williams & Anor v Aviva Investors Ground Rent GP Ltd & Anor  [2023] UKSC 6
Supreme Court decision on s.27A(6) Landlord and Tenant Act 1985 and the limits of contractual mechanisms for altering service charge apportionment.

Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor  [2021] EWCA Civ 27
Court of Appeal decision holding landlord-determined service charge apportionment clauses void under s.27A LTA 1985.

Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021)
Rent repayment order in respect of an unlicensed property, including a successful rule 13 costs application.

2018 – 2020

London Borough of Hackney & Anor v Powlesland & Ors  [2020] EWHC 2102 (Ch)
Grant of interim injunctive relief against persons unknown in the context of protest action affecting land use.

Opara v Olasemo  [2020] UKUT 96 (LC)
Rent repayment order case confirming the need for the First-tier Tribunal to determine criminal liability to the criminal standard.

Stemp v 6 Ladbroke Gardens Management Ltd  [2018] UKUT 375 (LC)
Landlord’s waiver of forfeiture for non-payment of service charges notwithstanding statutory restrictions on re-entry.

Images (Gants Hill) Management Co Ltd v Rynew Property Management Ltd  [2018] (QB)
High Court decision on abuse of process and proportionality in parallel property management litigation.

Corvan (Properties) Ltd v Abdel-Mahmoud  [2018] EWCA Civ 1102
Court of Appeal decision on qualifying long-term agreements under s.20ZA LTA 1985.

Malik (Deceased) v Shiekh  [2018] EWHC 973 (Ch)
Undue influence case clarifying the scope of vulnerability sufficient to set aside transactions.

Armstrong v Ashfield DC  [2018] EWCA Civ 873
Effect of suspended possession orders and subsequent enforcement action.

2015 – 2017

London Borough of Islington v Dyer  [2017] EWCA Civ 150
Validity of composite notices under the Housing Act 1996.

Primeview Developments Ltd v Ahmed & Ors  [2017] UKUT 0057 (LC)
Administration charges, costs orders, and unreasonable refusal to mediate.

Firstport Property Services Ltd v Ahmet  [2017] UKUT 0036 (LC)
Construction of service charge formulas across multi-phase residential estates.

Rapose v Viridian HA Ltd (TCC, 2017; CA)
Party Wall matters and validity of a third surveyor’s award.

Corvan v Mahmoud  [2017] UKUT 228 (LC)
Definition of qualifying long-term agreements under s.20ZA LTA 1985.

Norwich CC v Redford  [2015] UKUT 30 (LC)
Service charge apportionment and local authority obligations.

Begum v Birmingham CC  [2015] EWCA Civ 386
Local authority liability for defects, costs, and breach of statutory duty.

Queensbridge Investments Ltd v Leaseholders (UT, 2015–2016)
s.168 CLRA 2002, waiver of covenant, and ostensible authority of managing agents.

2010 – 2014

R (Bishops Stortford Civic Federation) v East Hertfordshire DC [2014] EWHC 348 (Admin)
Judicial review of a £105m redevelopment decision.

Ergun v Smith  [2014] EWHC 4919
Admission of fresh evidence on appeal where determinative of outcome.

Eaglesham Properties Ltd v Leaseholders of Drysdale Dwellings (2014)
Appointment of a manager and jurisdictional limits.

London Borough of Brent v Tudor  [2013] EWCA Civ 157
Possession proceedings and succession under Housing Act grounds.

Begum v Birmingham CC (TCC, 2013)
Misrepresentation and failure to disclose structural defects on sale.

Aaron Burchell v Raj Properties Ltd  [2013] UKUT 443 (LC)
Leasehold enfranchisement and “terms of acquisition” under the 1993 Act.

Anas v Arora  [2012] EWCA Civ 102
Possession, refusal of stays, and civil restraint orders.

Brasilian Point Ltd v In Shops Ltd  [2012] All ER 17
Forfeiture, relief, and unjust enrichment in commercial leases.

Rossman v Crown Estate Commissioners (2011)
Lease variations, estoppel, and equitable forbearance.

Kingsmere RTM Company Ltd v Anstone Properties Ltd (2011)
RTM, ultra vires acts, and multi-block developments.

Vernon v Spoudeas and Rosenthal  [2010] EWCA Civ 666
Requirement for reasoned judgments when striking out claims.

Legal 500, accumulated between 2019, 2020, 2021, 2022, 2023, 2024, 2025).

“provides a very good strategic perspective in difficult cases”

“very thoughtful, thorough and tenacious”

“creative”

“ability to think outside the box”

“very knowledgeable and helpful”

“can help with all property related matters and particularly in areas where property and insolvency intersect”

“great depth and experienced’’

“easy to deal with and incredibly clever”