Andrew Tugwell

Andrew advises on lease exits, break notices, dilapidations, rent reviews, forfeiture, covenant breaches, service charge disputes, possession actions, and estate agency matters. 

• Acted for many of the UK’s largest estate agencies and surveyors including your-move, Reeds Rains, Marsh & Parsons, Lauristons and e.surv. Regularly instructed regarding lease renewals and property management matters on a national basis. Recently acted in relation to a particularly high-value major call centre/office site, commercially important to the client in respect of nuisance caused by the demolition of the adjoining shopping centre and issues arising. 
• Acted for a commercial developer in a judicial review challenge to actions of Basingstoke to promote hotel use. 
• Acted for Blackhawk Automotive (part of Snap-on Tools) in a leading commercial property dilapidations case regarding replacement of asbestos roof sheets (Riverside Investments v Blackhawk Automotive [December 2005] 01 EG 94 (CS)). 
• Advised Cola Holdings, a major Hotel Group, concerning the acquisition of the 600+ bedroom Hilton Hotel in Kensington including advice relating to a major claim and appeal concerning alleged disrepair and the availability of specific performance. The matter included a High Court claim and multiple appeals requiring the tenant to carry out more than £100m improvement works. 
• Represented Cola Holdings (an interested party) in a major claim and appeal concerning alleged disrepair and the availability of specific performance requiring the tenant to carry out £100m improvement works and the secondary issue of challenge in respect of the appointment and powers of an administrator (Zinc Cobham 1 Ltd v Adda Hotels [2018] EWHC 1025 (Ch)). 
• Represented Kensington Close Hotel in an important High Court and Court of Appeal case concerning disputed rights of access between two major London Hotels (London Tara Hotel v Kensington Close Hotel [2011] EWCA Civ 1356). 
• Advised on aspects of nuisance, derogation from grant of the leases, lease renewal rights and strategy, and dilapidations and remedies including injunction, exit strategy, notices and other matters. A long track record of continuous service for a major plc client. 
• Advised GMS Estates Limited for many years, a longstanding property development and investment company with portfolios in London and nationally. Advised on various parts of the portfolio including Queensway involving a master plan to redesign and develop a prime new shopping area described by the Evening Standard as “a quarter of a mile strip that does a better job for international relations than any United Nations convention”. 
• Advised Lewisham Investment Partnership on alleged valuation negligence, rent review law and valuation techniques (Lewisham Investment Partnership Limited v Morgan [1997] PLSCS292). 
• Represented Save and Prosper in the alleged conflict of interest and the removal of a rent review arbitrator (Save & Prosper v Homebase Limited [2000]). 
• Represented Kingswood Warren Management Company in a judicial review challenge concerning whether a Section 106 planning condition could be varied (R (on the application of Symphony Limited) v Reigate and Banstead Borough Council 17 December 2015 unreported). 
• Multi £million arbitration claim relating to prime central London hotels and advice concerning a major Central London Hotel substantial Dilapidations claim (£30 million). 
• Forfeiture of luxury restaurant premises in one of Central London’s finest 5 Star hotels. 
• Advised on the forfeiture of luxury restaurant premises in one of Central London’s finest 5-star hotels. 

Andrew handles statutory lease extensions, freehold acquisitions, rights of first refusal, rights of light, boundary disputes, nuisance claims, possession actions, and service charge disputes. 

• Provided key advice in respect of landlord and tenant and other property issues to SAGA plc, a major UK corporate occupier with a significant group of associated companies such as matters arising from SAGA’s recent acquisition of Destinology Limited and Bennetts Insurance Services Limited and other advice, consents, notices and disputes. Recently dealt with repair/dilapidations/lease exit issues in connection with SAGA’s disaster recovery premises in Kent. 
• Acted for Sloane Properties on a matter concerning disputed residential service charges relating to major expenditure covering more than one service charge year dealt with by the Lands Tribunal (Barrington v Sloane Properties [2007] 40EG 268). 
• Represented Hundalani in respect of service charge dispute and alleged interference with a right of way (Crane Road Properties LLP v Hundalani [2006] EWHC 2066 (Ch) [2006] PLSCS 191). 
• Complex dispute concerning historic rent reviews and whether a landlord can trigger a rent review more than 10 years ago. 

Andrew represents surveyors, valuers, and solicitors in professional negligence, regulatory proceedings, licensing, valuation arbitral challenges and disciplinary matters.

• Acted in proceedings to remove an RICS appointed Arbitrator due to a conflict of interest. 
• Challenging a valuer’s/surveyor’s arbitration award or expert’s determination. 
• Acting for and against surveyors/valuers regarding alleged valuation negligence 
• Acting for and against surveyors/valuers concerning terms of business and fee entitlement. 
• Acting for and against surveyors/valuers concerning complaints handling including through the RICS procedures. 
• Acting for surveyors/valuers concerning health and safely property management prosecutions/investigations. 
• Acting for surveyors/valuers concerning prosecutions and investigations relating to property letting/management and estate agency including licensing. 
• Acting for and against surveyors concerning disputes relating to construction advice, reports, or costings. 
• High Court claim concerning the buyers’ claim for rescission and damages following the alleged fraudulent misrepresentation relating to moth/pest issues at a high-value property in Kensington, London. 
• Central London boundary and party wall issues: high-value contested restrictive covenant matter with boundary experts and building surveyors and team co-ordination and mediation. 
• Arbitration concerning repairing obligations and lease covenants following substantial pervasive leaks. Landlord’s failure to repair and business interruption in respect of central London retail business and losses/inability to trade. 

Andrew excels in arbitration over lease covenant disputes, repairing obligations, valuation disagreements, and dilapidations. 

• Acted for a major UK hotel owner and investor. Major dispute involving franchise agreements and performance of large (1,000-bedroom) central London hotels. Dealt with substantial loss of profits claim. LCIA arbitration. High value and complexity including hotel and accounting experts. Multimillion-pound value. Central London location. 
• Acted for long-established leading UK national farming operators/owners with multiple regional holdings. Major dispute relating to the termination of tenancies and permitted agricultural uses. Arbitrations under RICS (Royal Institution of Chartered Surveyors) and ALA (Agricultural law association). Multimillion-pound value. South East location. 
• Acted on a major dispute concerning the production of documents in central London rent review arbitrations including major central London landlords withholding information concerning rents. Applications under the Arbitration Act and to court. 
• Acted for a major UK PLC in an arbitration concerning the landlord’s ability to trigger a substantial rent increase backdated following the pick-up in the market. Arbitrator appointed by the President of the RICS. 
• Acted for a consortium of major land owners regarding a series of high-value complex arbitrations with valuation issues determined by an arbitrator appointed under the development agreements by the President of the RICS. 

Recognised by The Legal 500 for Real Estate: Property Litigation 2018, 2022–2027

Recognised by Chambers UK for Real Estate Litigation 2019–2026

Recognised by The Legal 500 for International Arbitration 2026

Recognised by Best Lawyers UK for Litigation 2020–2025 

Recognised by The Legal 500 for Commercial Property: Corporate Occupiers 2022 

Recognised by Chambers UK Chambers UK 2002–2018 

Recognised by The Legal 500 2018 

Fellow of the Royal Institution of Chartered Surveyors 

Fellow of the Chartered Institute of Arbitrators 

CEDR and ADR Net accredited Mediator 

Member of the Property Litigation Association 

Author of professional articles in Estates Gazette