Michael Gerken

Senior case manager

Michael is a senior case manager within the real estate litigation team. He has specialist experience in residential real estate disputes, with a focus on block and estate management within the accommodation and living sector.

He has extensive expertise in advising private landlords in relation to the management of their regulated and assured tenancy portfolios, as well as vacant possession strategies. Michael advises clients on a plethora of matters including, but not limited to, mental capacity issues, contesting succession applications, loss of security of tenure, tenant disrepair, anti-social behaviour, subletting, injunctions for access and trespasser actions.

I am a real estate litigator advising on our clients’ complex landlord and tenant issues. I understand the difficulties which our clients face and am sought after for being able to find solutions to their most difficult problems.

Michael Gerken, Senior case manager

His work also includes advising both private and social housing landlords clients on all aspects of block management. This includes rent and service charge collection, leaseholder challenges to reasonableness of service charges, breaches of covenant, anti-social behaviour, disrepair, section 20 consultations and applications for dispensation. Michael is a member of the Property Litigation Association and the Social Housing Law Association.

Recent work highlights

Portfolio management

Managing a PLC property investor’s regulated and assured tenancy portfolio worth over £300 million, involving litigating disputes with tenants and recovery of arrears and possession.

Unlawful succession

Successfully litigating against the son of a regulated tenant who claimed that the landlord had not correctly determined their parent’s regulated tenancy.

Property and asset repossession

Acting on a complicated dispute whereby an individual was occupying a property that needed to be sold to finance the purchase of a new property, to allow our client to move in as soon as possible.

Only or principal home

Assisting a G15 housing association on a case with a complicated factual matrix, where a property appeared to be unlawfully sublet and tenant did not appear to be using the property as their only or principal home.

Service charge recovery

Advising a landlord client on the recovery of significant service charge arrears in relation to a prestigious block of flats near Hyde Park, London.

What type of tenancy?

Acting on a case where the client, a landlord, purchased a property, and after investigation, it transpired that the tenant had been dead since the 1980s and the son of the tenant was living at the property.