Unpacking the Case: Recent Episodes
Davitt Jones Bould
Welcome to Unpacking the Case. the podcast where we get the much needed detail behind the cases shaping real estate law. This podcast is brought to you by Davitt Jones Bould, the real estate law specialists. We will be interviewing our Head of Legal Training, Richard Snape, after our monthly legal training webinars to delve deeper into the cases behind the talk.
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the recent County Court decision in Ministry of Sound v British and Foreign Wharf Ltd, a case centred on lease renewals under the Landlord and Tenant Act 1954. The dispute concerned the site of the Ministry of Sound nightclub, and explores the legal tests governing redevelopment break clauses, the balance between tenant security and landlord development rights, and how the law evaluates planning prospects over long lease terms.
Richard and Lizzie discuss:
• The background to the Ministry of Sound’s 15-year lease renewal request and the landlord’s desire for a redevelopment break.
• The two-stage test for redevelopment break clauses, including subjective intention and objective “real prospect” of obtaining planning permission.
• How expert evidence shaped the court’s view on the likelihood of residential redevelopment.
• The longstanding principle that the 1954 Act should not stifle development, traced through key authorities.
• How a break notice can be framed as a section 25 notice, enabling landlords to rely on Ground F when terminating a protected tenancy.
This case illustrates the continuing judicial effort to balance commercial certainty for tenants with development flexibility for landlords, providing important guidance for property owners, occupiers, and advisors involved in 1954 Act negotiations and contested lease renewals.
Other cases mentioned:
• Cunliffe v Goodman [1950] • Hawthorn v Barry UDC (1956) • National Car Parks Ltd v The Paternoster Consortium Ltd [1990] • B&M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd [2023] • Shoal Manufacturing v Clifton Slimline (1967)
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the Upper Tribunal decision in Kingdom Hall Trust v Peter Robert Davies. They unpack the complexities of prescriptive easements, focusing on the requirement for a capable grantor and how charitable land status impacts the ability to claim easements.
Richard and Lizzie discuss:
• The background and legal fiction behind prescriptive easements and “lost modern grant”.
• How the Tribunal approached the concept of a capable grantor in the context of charitable land.
• The implications of the decision for landowners, developers, and practitioners dealing with historic land use and rights of way.
This case highlights the evolving interpretation of prescription law and offers key insights into managing rights over land with charitable or ecclesiastical ownership.
Other cases mentioned:
- Hughes v Incumbent of the Benefice of Frampton-on-Severn and Others
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the Upper Tribunal decision in Almacantar Centre Point Nominee No.1 Ltd & Anor v Penelope de Valk & Ors. They explore leaseholder protections under Part 5 of the Building Safety Act, including what constitutes a “relevant defect,” how cladding remediation is treated, and the implications for qualifying and non-qualifying leaseholders.
Richard and Lizzie discuss:
• How the Tribunal considered what constitutes a “relevant defect” under Part 5 of the Building Safety Act.
• The significance of qualifying versus non-qualifying leaseholders in determining liability for service charges.
• How the ruling clarifies the treatment of cladding remediation and structural safety risks.
• Key takeaways for landlords, leaseholders, and practitioners managing building safety compliance and historic defects.
The case highlights ongoing uncertainty in building safety law and demonstrates the importance of careful drafting, strategic advice, and understanding leaseholder protections when negotiating property rights. This episode explores the court’s approach to historic defects and cladding issues, offering insight relevant to those involved in service charge management.
Other Cases Mentioned:
- Almacantar Centre Point Nominee No.1 Ltd & Anor v Penelope de Valk & Ors [2025]
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the recent First-tier Tribunal decision in On Tower v AP Wireless II.
This important case raises significant questions for both landlords and tenants in relation to periodic tenancies and tenancies at will, as well as their interaction with the Landlord and Tenant Act 1954 and the Electronic Communications Code.
Richard and Lizzie discuss:
- How the Tribunal approached the distinction between a periodic tenancy and a tenancy at will.
- Why this distinction matters when determining security of tenure under the 1954 Act.
- The wider implications for operators and landowners in the telecoms sector, particularly where the Electronic Communications Code applies.
- Practical takeaways for landlords, tenants, and practitioners dealing with lease renewals and electronic communications agreements.
The case highlights ongoing uncertainty in this area of law and demonstrates the need for careful drafting and strategic advice when negotiating property rights. For those advising on commercial property or telecoms infrastructure, this episode provides valuable insight into how the courts are likely to treat such disputes going forward.
Other Cases Mentioned:
AP Wireless II v On Tower [2025]
Mannai Investment Co. Ltd v. Eagle Star Assurance [1997]
Smoke Club Ltd and others v Network Rail Infrastructure Limited [2021]
Valleyview v NHS Property Services [2022]
Wheeler v Mercer [1956]
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer some of the audience questions from our latest webinar discussing Commercial Leases Update – Including the Ban on Upwards-Only Rent Reviews. They cover key issues such as stepped rents, index-linked reviews, contracting out, and the potential impact of these reforms on lease negotiations.
Other Legislation Mentioned:
English Devolution and Community Empowerment Bill
AP Wireless II v On Tower [2025]
Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking. This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer some of the audience questions from our latest webinar discussing the Landlord & Tenant Act 1954. They explore complex issues including pre-1954 Act ground leases, the risks of using tenancies at will, contracting out procedures, and how recent case law is shaping the interpretation of security of tenure.
Other cases mentioned:
- Street v Mountford [1985] : https://www.djblaw.co.uk/post/building-blocks-street-v-mountford-1985
- Wheeler v. Mercer (1956)
- Jones v. Bridgman (1878)
- Javad v Aqil [1991]
- AP Wireless II (UK) Ltd v On Tower (UK) Ltd [2025]: https://www.djblaw.co.uk/post/newsflash-ap-wireless-ii-v-on-tower
- Newham Borough Council v Thomas Van Staden [2008]
- Mexfield Housing Cooperative Ltd v Berrisford [2012]
- Walsh v Lonsdale [1882]: https://www.djblaw.co.uk/post/building-blocks-walsh-v-lonsdale-1882
- Valley View Health Centre v. NHS Property Services (2020)
- Erimus Housing Limited v Barclays Wealth Trustees (Jersey) Limited [2014]
- Clear Channel UK Ltd v Manchester City Council (2005)
Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking. This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.'
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the government’s surprise proposal to ban upwards-only rent reviews. They explore the implications of the new legislation, its unexpected appearance in the English Devolution and Community Empowerment Bill, and what it could mean for landlords, tenants, and the property market moving forward.
Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking. This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the Court of Appeal’s recent decision in AP Wireless II v On Tower. They explore how the ruling challenges the definition of a lease versus a licence and its wider implications for landlords, operators, and electronic communications agreements.
Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking. This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the latest Court of Appeal judgment on leaseholder protections under the Building Safety Act. Using Adriatic Land v Leaseholders at Hippersley Point as a case study, they unpack legal costs, retrospective service charges, and what this means for qualifying leaseholders moving forward.
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss a significant Upper Tribunal ruling in Stenner v Teignbridge District Council. Together, they unpack the law on prescriptive easements, the issue of exclusive possession, and what this case means for car parking rights, boat storage, and property law more widely.
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent High Court decision in Atkinson and Others v Browne. The conversation unpacks key legal principles around boundary presumptions, covenant enforceability, and the ability of trustees to acquire land through adverse possession in a private estate setting.
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the High Court’s long-awaited decision in Cotham School v Bristol City Council and others. They explore the legal background to village green claims, the rarely used Section 14B of the Commons Registration Act 1965, and how safeguarding concerns, statutory incompatibility, and signage all played a role in the outcome.
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss a major decision on landlord insurance commissions in London Trocadero v Picturehouse Cinemas. Richard breaks down the case background, the High Court’s reasoning on why commissions couldn’t be charged, and the wider implications for commercial tenants and landlords alike.
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the Court of Appeal’s decision in Great Jackson Street Estates v Manchester City Council. They explore the key principles around discharging and modifying restrictive covenants under Section 84 of the Law of Property Act, and the wider implications this judgment has for developers working with long leases.
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the Supreme Court’s May 2024 judgment in URS v BDW. They explore the background of the case, the Court’s key decisions on negligence and limitation periods, and the significant impact this ruling has on developers, designers, and the wider property industry post-Grenfell.
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould. They discuss Bishop v Jacques, a recent Upper Tribunal case on boundary agreements. They explore the facts, the legal backdrop of general boundaries and adverse possession, and why the Tribunal upheld an informal agreement over a significant piece of land.
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss White v Alder — a pivotal Court of Appeal case that clarifies whether informal boundary agreements can bind future owners. From 18th-century land deals to modern-day Chelmsford disputes, they unpack the legal history, the court’s decision, and what this means for buyers and boundary rights today.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
AdversePossession #DavittJonesBould
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the complex law of encroachment in leases, and whether it should be treated as a matter of estoppel or adverse possession. Using the recent McGee v Long Term Reversions case as a springboard, they explore the consequences for landlords and tenants alike, and what this could mean for future claims during the life of a lease.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
AdversePossession #DavittJonesBould
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the law of adverse possession through the lens of the Kirkman v Bradshaw Pub Company Limited case. Together, they break down the facts, explore what constitutes factual possession and intention to possess, and reflect on why the absence of fencing didn’t defeat the claim.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
AdversePossession #DavittJonesBould
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the Spirit Pub Company (Managed) London V Pridewell Property Limited case and its implications for landlords seeking to redevelop under ground F of the Landlord and Tenant Act 1954. They break down the legal principles, discuss the court's reasoning, and consider what this decision means for future lease disputes.
Get in touch!
In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer some of the audience questions from our latest webinar discussing adverse possession. Together, they break down critical issues such as the legal implications of unregistered land, boundary disputes, and how landowners can prevent claims.
AdversePossession #RealEstate
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the latest developments in the Building Safety Act. They break down the Grey GR v Edgewater case, focusing on when it is just and equitable to require others to pay for remediation work, and examine how this ruling may shape future liability in real estate.
Get in touch!
In this Newsflash episode, Elizabeth Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss this landmark High Court ruling on the Landlord and Tenant Act 1954. They delve into the contentious Ground (g) argument, the significance of a landlord’s intention to occupy, and the case’s impact on tenant rights, including a discussion on human rights implications.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the recent High Court decision in Sik v Malik. They explore the legal complexities of forfeiture through peaceable re-entry, the grounds for relief from forfeiture, and the implications for landlords and tenants following this pivotal ruling.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the Supreme Court’s landmark decision in Brown v Ridley on adverse possession. They explore why the case leapfrogged to the Supreme Court, the legal background on boundary disputes, and how the ruling clarifies the 10-year possession requirement under the Land Registration Act 2002.
Get in touch!
In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to discuss recent developments under the Leasehold and Freehold Reform Act 2024. They talk about the background of the act, and what has been happening lately. Richard also answers questions on the cost to extend leases or enfranchise.
Get in touch!
In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer some of the audience questions from our latest webinar discussing commercial leases. They discuss high street rental auctions, landlord and local authority responsibilities and enforcement standards.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the Ramsbury Properties Ltd v Ocean View Construction Ltd. They delve into the background facts of the case, explore the legal principles surrounding breaches of lease terms, and examine what tenants can do to protect themselves. Richard also highlights the broader importance of this decision for landlords, tenants, and property law practitioners.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the recent High Court judgment, Restaurant EC3 Limited v Tavor Holdings. This case examines the contentious issues of peaceable re-entry and damages for trespass when a landlord unlawfully re-enters commercial premises. Together, they explore the case’s background, the court’s decision, and its wider implications for property law.
DavittJonesBould #RealEstate
Get in touch!
In this Newsflash episode, Richard Snape, Head of Legal Training, and Lizzie Collin are joined by Kevin Fry, a legal executive at Davitt Jones Bould. They explore the evolution of Right to Buy, the recent legislative changes from the November Budget, and their impact on councils and buyers.
DavittJonesBould #RealEstate #RightToBuy
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the introduction of High Street rental auctions under the Levelling-up and Regeneration Act. They cover the latest regulations, key milestones since the act’s Royal Assent, and how these changes aim to revitalize vacant properties and support local economies.
Get in touch!
In this Newsflash episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to discuss proposed reform to the Landlord and Tenant Act 1954. They explore the history of the Act, its significant amendments over the decades, and the pressing need for reform in light of evolving commercial property trends. Richard also provides insight into the Law Commission’s recent consultation paper, sharing potential future changes and their implications for landlords, tenants, and the wider property market.
DavittJonesBould #LTA1954 #Reform
Get in touch!
In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer some of the audience questions from our latest webinar discussing The Landlord and Tenant Act 1954: Grounds of Opposition and Renewal Terms. They tackle a variety of questions, including the five-year rule, interim rent backdating, contractual renewal options and the implications of landlord redevelopment breaks.
Get in touch!
In this Newsflash episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to discuss the adverse possession court of appeal case, Clapham V Narga. The episode covers the details of the case, including the historical context of adverse possession laws, the specific circumstances of the dispute, and the significant ruling by the Court of Appeal.
AdversePossesion #CourtofAppeal
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss a 1st tier tribunal decision; Smoke House and Curing House, 18 Remus Road, London, E32NF. Richard sheds light on height and storeys of buildings under the BSA and looks into why this case is important, some of the problems relating to it and the new government guidance.
Get in touch!
In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to discuss The Crichel Down Rules and HS2. This episode focuses on the basics of crichel down and it's exceptions, and the latest updates on HS2.
Get in touch!
In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to discuss leasehold enfranchisement & lease extensions. This episode focuses on the background, what changes are due and what the recent developments are.
Get in touch!
In this episode, Richard Snape, Head of Legal Training, joins host Lizzie Collin to discuss changes in the Buy to Let market, with a focus on the Renters' Rights Bill. This includes the elimination of assured shorthold tenancies, new grounds for possession and the impact on student accommodation.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent Inquiry by Sir Martin Moore-Bick into the Grenfell Tower Fire in 2017. Richard outlines key points from the Inquiry and explains the definition of “higher risk buildings” and associated challenges.
Get in touch!
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent Upper Tribunal case, Nicholson v Hale. This case addresses the prescription of easements and the conditions under which rights of way can be claimed. Richard provides an in-depth analysis of the case's background and judgment, evaluating its significance in determining whether a sign indicating "private property" affects the ability of adjoining landowners to claim a prescriptive right of way.
Cases mentioned:
Nicholson v Hale [2024] UKUT 153
Winterburn v Bennett [2016] EWCA Civ 482]
Betterment Properties (Weymouth) Ltd v Dorset County Council [2014] UKSC 7
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent county court case, Merlin Real Estate Ltd v Balaam. The case is in relation to easements, particularly the intensification of use. Richard provides an in-depth analysis of the case's background and evaluates the case law on the construction of express grants of rights of way and its limitations.
Cases mentioned:
Merlin Real Estate Ltd v Balaam [2024]
White v Grand Hotel, Eastbourne [1913]
Alvis v Harrison (1990)
Jelbert v Davis [1968]
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent Court of Appeal case, R (on the application of Strack (on behalf of The Woodcock Hill Village Green Committee)) v Secretary of State for Environment, Food and Rural Affairs. The case is in relation to the deregistration of village greens and particularly offering replacement land. Richard provides an in-depth analysis of the case's background, and both the High Court and Court of Appeal judgments, evaluating its significance as a case for the deregistration of village greens.
DavittJonesBould #VillageGreens #Development
In this episode, our host Lizzie is joined by Richard Snape, Head of Legal Training, and Matthew Needham-Laing, Construction Partner, to discuss the highly topical Building Safety Act. Richard and Matthew analyse leaseholder protections and the criteria for high-risk buildings as well as the implications for owners and developers. Additionally, they provide insight into other concerns relating to the Act and the impact on the construction industry.
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent High Court case, Tropical Zoo v London Borough of Hounslow. The case is in relation to forfeiture and particularly the waiver of forfeiture through acceptance of the breach. Richard provides an in-depth analysis of the case's background and evaluates its significance.
realestate #forfeiture #davittjonesbould
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Davitt Jones Bould's Head of Legal Training, to discuss Blackhorse Investments Borough Limited v Southwark Borough Council. Richard analyses discharging restrictive covenants preventing development including leasehold land. This case holds relevance for stakeholders involved in developments of any size. Richard assesses the background to the case, reminding us of the importance of s84 of the LPA 1925. He further explains the reasoning behind the decision, giving context for future cases.
Cases mentioned:
Kay & Cunningham (2023)
Re Cammiade (application under section 84 of the Law Property Act 1925) (2023)
Re Hickman & Sons Ltd’s Application (1951)
Re Barclays Bank plc’s Application (1990)
Blyth Corporation's Application (1962)
Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd (1997)
Westminster City Council v Duke of Westminster (1991)
RealEstate #Covenants #RestrictiveCovenants #DavittJonesBould
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent High Court case, McDonald’s Restaurants v Shirayama Shokusan. The case is in relation to the rarely discussed topic of a landlord obtaining possession through misrepresentation. Richard provides an in-depth analysis of the case's background and evaluates the potential implications arising from one of the few decisions on section 37A of the Landlord and Tenant Act 1954.
Cases mentioned:
McDonald’s Restaurants v Shirayama Shokusan [2024]
Eco3 Capital Ltd & Ors v Ludsin Overseas Ltd (2013)
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the High Court case Royal Borough of Kensington and Chelsea v Mellcraft. Richard provides a refresher of the background law including ground (g) of the LTA 1954 and delves into the facts of the case. Additionally, Richard offers a detailed analysis of the court's decision, focusing on crucial issues such as the application of the Act to mixed-use premises and the implications of ground (g) regarding occupation for your own purposes.
Cases mentioned:
The Royal Borough of Kensington and Chelsea v Mellcraft Ltd [2024]
Greyson v P&O Holdings (1997)
R (Annington Properties Limited) v Secretary of State for Defence [2023]
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Davitt Jones Bould's Head of Legal Training, to discuss Sainsbury’s Supermarkets v Medley Assets. Richard analyses the background of the case and the importance of ground (f) of the Landlord & Tenant Act 1945. Although this is a county court case, it addresses a crucial legal issue concerning the interpretation of ‘the holding’ in the context of opposed lease renewals. Richard also offers valuable insights for tenants facing ground (f) opposition, explaining the court’s reasoning and its implications for future cases.
Cases mentioned:
Sainsbury’s Supermarkets v Medley Assets [2024]
Betty's Cafe v Phillips Furnishing Stores (1959)
S. Franses Ltd v Cavendish Hotel (London) Ltd [2018]
Atkinson v Bettison [1955]
In this episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the enforceability of positive covenants. Richard analyses the challenges posed by the enforceability of positive covenants in freehold land, exploring the associated issues. He also sheds light on potential solutions, including the role of deeds of covenant and commonhold.
Cases mentioned:
Austerberry v Corporation of Oldham (1885)
Rhone v Stephens [1994]
Roberts v Lawton [2016]
Halsall v Brizell [1957]
Wilkinson v Kerdene [2013]
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Davitt Jones Bould's Head of Legal Training, and Property Litigation Partner Jonathan Warner-Reed to discuss Mackenzie v Cheung and Infinity. Jonathan provides insights into the recent Court of Appeal case where he represented the successful respondent.
Richard and Jonathan analyse the interpretation of property covenants, and grants of modification. This case holds relevance for stakeholders involved in developments of any size. They assess the background to the case, reminding us of the importance of planning permission when it comes to restrictive covenants. Additionally, Richard and Jonathan elaborate on the reasoning behind the decision, addressing the impact on conveyancers.
Cases mentioned:
Mackenzie vs Cheung & Infinity [2024]
Mayner v Payne [1914]
Eagling v Gardner [1970]
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Davitt Jones Bould's Head of Legal Training, to discuss Fosse Urban Projects v Whyte and others. Richard analyses discharging restrictive covenants, and why the behaviour of the person who wants the covenants discharged matters. This case holds relevance for stakeholders involved in developments of any size. Richard assesses the background to the case, reminding us of the importance of s84 of the LPA 1925. He further explains the reasoning behind the decision, giving context for future cases.
Cases mentioned:
Fosse Urban Projects v Whyte and others [2023]
Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2018]
George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd [2011]
In this Newsflash episode, following a recent case concerning adverse possession, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss Brown v Ridley. Richard provides a refresher of the background law and delves into the facts of the case. Additionally, he analyses the decision at the first instance and on appeal, while considering potential ramifications for the future.
Cases mentioned:
Brown v Ridley [2024]
Zarb v Parry [2011]
IAM Group v Chowdrey [2012]
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent High Court case, Messinex Property Investment Limited v Lanark Square. The case regards consent to alterations & alteration covenants. Richard analyses the case’s background and evaluates the potential implications from the court’s decision.
Cases mentioned:
Messinex Property Investment Limited v Lanark Square [2024]
Lambert v FW Woolworth and Co Ltd [1938]
Sequent Nominees Ltd v Hautford Ltd [2019]
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Davitt Jones Bould's Head of Legal Training, to discuss the recent High Court case between Price v Nunn concerning s67 of the Natural Environment and Rural Communities Act 2006. Richard analyses the issue of Rights of Way. Furthermore, Richard assesses the complex background to this case and reasoning behind this important judgment.
Cases mentioned:
Price v Nunn [2023]
Wheeldon v Burrows (1879)
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Davitt Jones Bould's Head of Legal Training, to discuss the recent Upper Tribunal case, Kay v Cunningham. Richard analyses the discharge of restrictive covenants under s84 of the Law of Property Act 1925 and assesses the background to the law. Reflecting on the impact of this judgment on restrictive covenants, he breaks down the Upper Tribunal's decision and discusses relevant recent cases that could benefit those involved in development projects.
Following on from our 'The Building Safety Act 2022 and Other Post-Grenfell Legislation' webinar, Lizzie sits down with Davitt Jones Bould's Head of Legal Training Richard Snape to answer questions relating to the changes made to the BSA. Richard analyses Richard analyses Building Regulation Enforcement Periods, higher-risk building registration, leaseholder protections and answers other concerns relating to the Act.
realestate #BuildingSafetyAct #PostGrenfell #lawpodcast #leaseholder #binding
In this newsflash episode Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to explore HMOs and guardianship schemes. Following the recent Court of Appeal hearing of Global 100 Limited v Jimenez and Global Guardians Management v Laleva concerning guardianship schemes, Richard discusses the background of the cases as well as the implications of the decision.
realestate #HMO #guardianshipschemes #lawpodcast #licence #binding
In this newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent High Court case in relation to the Landlord and Tenant Act 1954 grounds of opposition and renewal terms. Richard reminds us of the background of the case and explains the importance of the High Court’s judgment.
realestate #retail #lta1954 #landlord #tenant #breakclause #interimrents
It was announced on 4th October 2023 that HS2 phase 2 west, from Birmingham to Manchester, is being cancelled – but what will happen with all the land already compulsorily purchased for the project? In this episode, Richard Snape, DJB's Head of Legal Training, covers what will happen to the land, with reference to Crichel Down rules and how they effect HS2.
realestate #HS2 #cricheldown #cricheldownrules #development #law #legal #ukrealestate #compulsorypurchase #binding
In this NewsFlash episode, following a recent case concerning the Landlord & Tenant Act 1954, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss BMW (UK) Ltd v K Group Holdings Ltd. Richard covers the background of the case, the 1954 Act's renewals terms, and what implications this may have in the future.
realestate #realestatelaw #Landlord&Tenant #RentReview #landlord #liability
In this episode of Unpacking the Case, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss Alienation, Alteration and User Covenants. Richard analyses the background of alteration covenants and the issues arising for landlords.
Unpacking #Alienation #Alteration #unpackingthecase #realestate #lawpodcast #law
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, DJB's Head of Legal Training, to discuss the development of the Building Safety Act. Richard analyses leaseholder protections from the landlord’s perspective, and assesses the amendments, giving context for future cases.
realestate #BuildingSafetyAct #contractlaw #lawpodcast #leaseholder #binding
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent High Court case in relation to the Landlord and Tenant Act 1954 grounds of opposition and the proper interpretation of intentions to demolish and reconstruct. Richard analyses the case and evaluates the potential implications.
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, DJB's Head of Legal Training, to discuss the recent Court of Appeal case URS Corporation Ltd v BDW Trading Ltd. Richard analyses the clarity provided to the Building Safety Act and Defective Premises Act. Furthermore, Richard assesses the reasoning behind this important Court of Appeal decision, and the effect on future construction cases.
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, DJB's Head of Legal Training, to discuss the recent High Court case between Annington Properties Limited v Secretary of State for Defence. Richard analyses the right to enfranchise dwellings with tenants in actual occupation, and assesses the reasoning behind the High Court’s decision, giving context for future cases.
In this Newsflash episode, Lizzie Collin sits down with Richard Snape, DJB's Head of Legal Training, to discuss the recent Court of Appeal case between Pretoria Energy (Chittering) Ltd v Blankney Estates Ltd. Richard analyses whether Heads of Terms, without 'subject to contract', should constitute a binding agreement for a lease, and assesses the reasoning behind the Court of Appeal's decision, giving context for future cases.
realestate #headsofterms #contractlaw #lawpodcast #lease #binding
In this episode of Unpacking the Case, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss High street rental auctions, and in particular the Levelling-up and Regeneration Bill and the consultation which is ongoing as of the 18th May 2023. Richard analyses the background of the consultation and the specifics regarding what potential improvements could be made to the Bill.
highstreet #levellingup #regeneration #unpackingthecase #realestate #lawpodcast #law
In this newsflash episode, Lizzie Collin sits down with Richard Snape, DJB's Head of Legal Training to dicsuss the recent case of Bucknell v Alchemy Estates (Holywell) Limited [2023] EWHC 683. Richard discusses this High Court case and reflects on whether the intensification of use affects the easements, specifically in relation to access.
easements #access #highcourt #realestatelaw #realestate #intensification
In this newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the recent County Court case in relation to the Landlord and Tenant Act 1954 grounds of opposition and renewal terms. Richard analyses the case and evaluates the potential implications, despite the lack of precedent.
Following a recent webinar on the Building Safety Act 2022 & Fire Safety Act 2021, Richard dives further into the topic, in particular provisions in relation to high-risk buildings which are due to come into force on April 6th 2023. Richard assesses this Post Grenfell Legislation, which is part of the Hackitt enquiry 'Building a Safer Future', an independent review of building regulation and fire safety.
firesafety #buildingsafety #construction #realestate #realestatelaw #podcast
Following a recent case concerning service charge provisions, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss Sara & Hossein Asset Holdings Limited v Blacks Outdoor Retail Limited. Richard covers the background of the case, the tenant's argument for objection, and how a landlord's certificate would be conclusive as service charge liability, and what implications this may have in the future.
realestate #realestatelaw #servicecharge #provisions #landlord #liability
Following changes to enquiry forms and the lender's handbook, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss Leasehold Flat Management post Grenfell, particularly in relation to service charge caps, and what consequences for the industry there may be in the future.
podcast #realestate #realestatelaw #leasehold #servicecharge #buildingsafety #firesafety
Tune in to explore a unique forfeiture case with Lizzie Collin and Richard Snape, Head of Legal Training at Davitt Jones Bould. The pair will be considering the details and lasting impact of the recent Hush Brasseries Ltd v Rlukref Nominees (UK) One Ltd case, and what this could mean for future claims in this area.
podcast #realestate #law #realestatelaw #property #forfeiture
Following a recent webinar on restrictive covenants and their enforceability, Richard Snape, Head of Legal Training at Davitt Jones Bould, sits down with Lizzie Collin to discuss some key recent case law that influences this area, and the potential repercussions the decisions may have looking forward.
covenants #restrictivecovenants #unpackingthecase #realestate #law #realestatelaw #podcast #caselaw
Following up from our recent Residential & Mixed Use Development webinars, in this episode Richard delves into the Building Safety Act 2022 and the Fire Safety Act 2021. Richard assesses the provisions brought forward by the Acts, and the impact they could have on individuals and companies alike.
In this Newsflash episode of Unpacking the Case, Richard discusses a Court of Appeal judgement from the 29th July concerning Bank of New York Mellon (International) Ltd v Cine-UK Ltd, coupled with London Trocadero LLP v Picturehouse Cinemas Ltd, in relation to rent arrears. Richard dives into the Court of Appeal's reasoning for their judgment, and the potential consequences this may have for tenants regarding rent debt.
In this Newsflash episode of Unpacking the Case, Richard discusses the case of Signet Trading Ltd v (1) Fprop Offices (Nominee) 4 Ltd and (2) Fprop Offices (Nominee) 5 Ltd [2022], the first reported arbitration decision on the Commercial Rent (Coronavirus) Act, decided on the 11th July 2022. Richard dives into the various points brought forward by both parties, and how, or when, the legislation applies in relation to protected rent debt and other rental liabilities.
In this Newsflash episode of Unpacking the Case, Richard discusses a High Court judgement from the 14th of June 2022, Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2022] EWHC 1467, which concerns whether heads of terms may give rise to a legally binding contract. Richard also delves into the intention to create legal relations, lock-out agreements, and the difficulties in implicating terms into a contract for the courts.
In this Newsflash episode of Unpacking the Case, Richard considers Clipper Logistics v Scottish Equitablea County Court Judgment from April 2022. This case focuses on lease renewals under the Landlord and Tenant Act 1954 and whether the Landlord can introduce green lease clauses. Richard sets the scene with some background law in relation to energy efficiency and 1954 LTA lease renewals before getting into the facts of this case and other similar cases.
Following the Queen's Speech on May 10th, in this newsflash episode of Unpacking the Case, Richard discusses high street rental auctions in light of the controversial and lengthy 'Levelling Up and Regeneration Bill'. He highlights the issue of deciding the definition of 'vacant', the powers which Local Authorities will hold under this new bill, the process in which the auctioning of the 'vacant' premises would take place, and the possible consequences, including not only the legal, but also the practical issues.
Following up from our webinar on the 12th of May, Richard delves into seminal cases regarding the Landlord and Tenant Act 1954 and its provisions. Firstly, Richard discusses lease/ licence distinction and the importance of excluding the LTA 1954 with regards to London College of Business v Tareem [2018], a High Court case, also referencing Street v Mountford (see our podcast on 'Building Blocks: Street v Mountford'). Next, Richard shows how tenants are not necessarily bound if it is a LTA 1954 Act protected lease by statutory continuation tenancy at the end of the fixed term, in reference to Esselte AB v Pearl Assurance Plc [1997], a Court of Appeal case. Richard explains the controversy of this ruling with regards to Morrison Holdings Ltd v Manders Property (Wolverhampton) Ltd and Longacre Securities Ltd v Electro Acoustic Industries Ltd: CA 1990. Lastly, Richard covers compensation for disturbance through Sight & Sound Education v Books [1998], a High Court case.
In this Newsflash episode, Richard discusses the provisions of the Building Safety Act 2022 which received royal assent on the 28th April, and when we can expect the provisions to come into force. He also examines the imminent introduction of the s.38 of the Building Act 1984 and its implications.
In this newsflash, Richard discusses the recent High Court Case of Milton Keynes Council v Wilsher, in which a judgment on adverse possession was passed on March 23rd. Richard discusses the law around adverse possession with the Land Registration Act 2002, the law in relation to registered land, and when you can claim adverse possession - such as the two-stage process, Boosey v Davis (1988) and Red House Farms (Thorndon) Ltd v Catchpole: CA 1977.
In this Newsflash episode, Richard Snape discusses the latest developments on the Commercial Rent (Coronavirus) Act which was initially introduced in March 2020. Now that the Act is in force, Richard discusses its provisions, such as the introduction of the 6-month moratorium period, protected rent debt, the arbitration process when rent is not agreed upon, and any guidance most relevant to surveyors and valuers. Richard also stresses the problems with the Act, such as the issue of guarantors and any knock-on effects in terms of break clauses.
Following on from our previous newsflash episode on Global 100 Ltd v Laleva, Richard discusses the future of guardianship schemes due developments in legislation surrounding houses of multiple occupation due to the question, 'Does living in the accommodation [as a guardian] constitute the only use of the accommodation?'. If guardianship schemes become subject to introduction of mandatory licensing and other regulating factors, this decision may be the last 'nail in the coffin'.
In this episode, Richard discusses the provisions of, and what gives rise to a village green claim through leading legislation of the s.15 Commons Act 2006, s.12 of the Inclosure Act 1857 and s.29 of the Commons Act 1876, and the impact on this with four significant cases:
- R (Barkas) v North Yorkshire County Council and another [2014] UKSC 31;
- R (Newhaven Port & Properties Ltd) v East Sussex CC;
- Lancashire County Council v The Secretary of State for The Environment, Food and Rural Affairs and Another; and
- R (on the application of NHS Property Services Ltd) v Surrey County Council.
Following our Local Authority webinar on 27th January, entitled 'Local Authority Best Value Considerations and Enforceability of Overage', Richard delves deeper into unpacking three most pivotal and relevant cases:
- R (on the application ofJewish Girls High) v London Borough of Barnet [2013] on getting the best consideration and keeping in mind overage. Key considerations were if overage is something that will crystallise in the future, whether you could consider social factors, s.106 payments and community infrastructure payments;
- Salford Estates v Salford City Council [2011] presents another discussion on exclusivity agreements and how to achieve 'best value';
- andThe Whitstable Society v Canterbury City Council [2017] on best value considerations and best consideration under s.123 subsection 2 of the Local Government Act, conditional contracts and the requirements for affordable housing.
In this newsflash episode, Richard addresses the relatively infamous Gabb v Farrokhzad [2022], a residential case dispute over a £3.25m apartment in Kensington, London between multi-millionaire wine merchant Rollo Gabb and property businessman Mr Farrokhzad. Despite being a residential property case, it is relevant and significant in relation to commercial cases due to being about a qualified covenant not to assign without consent and fully qualified not to be unreasonably withheld.
In this newsflash episode, Richard delves into guardian schemes in relation to the recent, and first on this subject Court of Appeal case of Global 100 Ltd v Laleva and its significance to landlord/ tenant roles and obligations. Richard also discusses previous cases and their significance, such as Street and Mountford 1985 HL in discussion of exceptional circumstances, Camelot Property Management Ltd and Camelot Guardian Management Ltd v Greg Roynon (2017)which was held to be a lease, and Camelot Guardian Management Ltd v Heiko Khoo (2019), in which the High Court decided that the guardians had licences.
In this newsflash episode, Richard discusses the recent case transcripts from the October 22nd County Court case, W(No.3) GP (Nominee A) v JD Sports Fashion. Whilst it does not set a precedent, it is a topical case, particularly for valuers. The main area of contention being turnover rents, Richard discusses the steps taken in agreeing the new rent as in default of agreement between the parties, you should have regard to the terms of the tenancy other than those relating to rent, and find out what the holding may reasonably be expected to be let on in the open market.
In the first newsflash episode of 2022, Richard updates us on the recent developments and background of the Bath Rugby v Greenwood [2021] case. The judgment was handed down to the Court of Appeal on December 21st 2021, the dispute being over restrictive covenants and whether the adjoining premises in the neighbourhood had the benefit of the restrictive nuisance and annoyance covenant.
Following on from our recent webinar on Alienation, Alteration and User Covenants: The Problems and Solutions, Richard discusses cases such as Mount Eden Land Ltd v Prudential Assurance Co Ltd: CA 12 Nov 1996, relating to alteration covenants and landlord written consents subject to license, Aubergine Enterprises Ltd v Lakewood International Ltd (2002) in relation to 'subject to license' contract, Alchemy Estates Ltd v Astor and Another (2008) in relation to being bound to completion and licences to assign, Ashworth Frazer Ltd v Gloucester City Council (2001) in relation to suspicion of breach of user covenants and planning permission to refuse consent, and others.
Following on from our webinar on Easements: Implied Rights, Prescription and Access Problems, Richard goes into detail on some cases relating to easements, such as Sovmots Investments Ltd v SSE [1979], Wheeldon v Burrows (1879) in relation to quasi easements and the transfer of land, Wright v Macadam [1949]in relation to how a right became an easement, the 1857 Enclosure Act and 1876 Commons Act in relation to the public use and recreational use, Liverpool City Council v Irwin in relation to implying easements through an officious bystander and others.
Following on from our recent webinar on Repairs, Service Charge and Cladding Issues, Richard goes into further detail on several cases to clarify important issues relating to repairing covenants, service charge and cladding, such as Ravenseft Properties Ltd v Davstone (Holdings) Ltd, Elmcroft Developments v Tankersley-Sawyer [1984] 2 WLUK 216, Craighead v Homes for Islington Ltd & Anor [2010] UKUT 47 (LC) (24 February 2010), Sunlife Europe Properties v Tiger Aspect Holdings Ltd [2013] EWCA Civ 1656 and others. Richard also predicts rising service charge costs due to demand for energy efficiency.
In this newsflash episode, following on from our recent webinar on Repairs, Service Charge and Cladding Issues, Richard discusses background of, and consequences of the recent guidance on EWS1 Certificates post-Grenfell. Richard also sheds light on hope for the future in terms of the Building Amendment Regulations 2018 (2019 in Wales) and the Fire Safety Act 2021.
This newsflash episodes follows swiftly in the footsteps of the recent Commercial Rent (Coronavirus) Bill, looking the recent judgment in Atmore Centre v TFS Stores in relation to commercial property relationships. Richard explores the various claims and their outcomes in this episode, referencing previously discussed cases such as Commerz Real Investmentgesellschaft mbH v TFS Stores Limited and London Trocadero (2015) LLP v Picturehouse Cinemas Ltd.
You can listen to our episode on the Bill itself here.
In this newsflash episode, Richard Snape discusses the latest Commercial Rent Coronavirus Bill, which follows on from the previously discussed s.82 Coronavirus Act that came into force last year, banning forfeiture for non-payment of rent. This latest legislation ringfences any rent arrears whatsoever, and Richard discusses rental liability, the moratorium period, arbitration and any difficulties as a result of the Bill.
In this newsflash episode, Richard discusses the unusual area of law surrounding minerals attached to land and their possession in light of the significant Wynne-Finch v Natural Resources Body for Wales case. The episode highlights the significance of who, in this case, the stone is reserved to and its definition, with implications for developers and landowners everywhere.
Following on from our recent webinar, in this episode Richard discusses the use of easements, such as under an intensification of use as per Parker v Roberts [2019], Stanning v Baldwin [2019] and other cases. He also explores the application of the right to light, as per HKRUK II v Heaney [2010], where HKRUK had to remove two additional floors resulting in a significant reduction of value, and Ottercroft Limited v Scandia Care Limited & Another [2016] where the court awarded an injunction in relation to infringement of light by a re-built fire escape.
In this episode on Post-Pandemic Commercial Lease Issues, Richard discusses how to maximise profit and rental with keep-open clauses, the likelihood of forfeiture and forfeiture as the 'nuclear option' for landlords, exceptional circumstances in which leases have been frustrated and ring-fencing of rent arrears in the future. These are all supported by key and pivotal cases such as SHB v Cribbs Mall [2019], Canary Wharf v Europen Madicines Agency [2019] and Bank of New York Mellon Limited v Cine UK Limited [2021].
Following on from our recent webinar on Residential and Mixed-Use Developments: Building Control, Cladding & Legal Considerations, Richard discusses differences between service charges in residential and mixed-use developments, qualifying works, with specifications on legislative provisions and the effect of Housing and Finance Act & Landlords and Tenants Act. This is also in reference to key cases such as Phillips v Francis [2015], Leaseholders of Founding Court & O'Donnell Court v London Borough of Camden & Ors [2016], and other key cases.
In this newsflash episode, Richard delves into easements and the claim for a prescript right in regards to Hughes v Incumbent of the benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne, Framilode [2021] UKUT 184 (LC). He stresses the implications of this case being a reminder that one should be able to claim an indefeasible easement under the lost modern grant after 20 years, not 40 years, and that the show of continuity does not need to be on a daily basis.
Join Richard Snape, DJB's Head of Legal Training, as he unpacks the fundamental cases that form the backbone of real estate law.
In this episode of Unpacking the Case, Richard delves further into the cases discussed in his recent webinar, Overage & Clawback: Problems and Solutions
Cases discussed in this podcast are as follows:
- Sparks v Biden [2017] EQHC 1994 (Ch)
- Cosmichome v Southampton City Council [2013] EWHC 1378
- London & Ilford Ltd v Sovereign Property Holdings Ltd [2018] EWCA Civ 1618
Join Richard Snape, DJB's Head of Legal Training, as he unpacks the fundamental cases that form the backbone of real estate law.
In this episode of Unpacking the Case, Richard delves further into the cases discussed in his recent webinar, Alienation, Alteration & User Covenants: Problems & Solutions.
Cases discussed in this podcast are as follows:
- Sequent Nominees v Hautford [2019] UKSC 47
- Duval v 11-13 Randolph Crescent [2020] UKSC 18
- No 1 West India Quay (Residential) Ltd v East Tower Apartments [2018] EWCA Civ 250
In this newsflash episode, Richard updates us on post-COVID changes in leases and the recent County Court case of Poundland Ltd v Toplain Ltd in relation. The general pattern is that clauses are now being changed to include lease terminations explicitly in case of a pandemic, although rent suspensions due to lockdowns have been proving more difficult to lock in. With the County Court judge ruling that a half reduction in rent is not fair and reasonable to include in a lease in the event of another lockdown, the general message for landlords would be not to accept any changes.
Join Richard Snape, DJB's Head of Legal Training, as he unpacks the fundamental cases that form the backbone of real estate law.
In this episode of Unpacking the Case, Richard delves further into the cases discussed in his recent webinar, Enforceability of Restrictive Covenants: Opportunities & Risks.
Cases discussed in this podcast are as follows:
- Alexander Devine Children's Cancer Trust v (1) Millgate Development Ltd and (2) Housing Solutions Ltd [2018] EWCA Civ 2679
- George Wimpey (Bristol) Ltd v Gloucester Housing Association [2011] UKUT 91 (LC)
- Lawntown Ltd v Camenzuli [2007] EWCA 949
- City Inn (Jersey) Ltd v 10 Trinity Square Ltd [2008] EWCA Civ 156
Another bonus newsflash episode delving deeper into recent case law. This time, Richard discusses when a tenant can successfully exercise a break clause in reference to the recent Court of Appeal ruling on Capitol Park Leeds Plc v Global Radio Services. The implications of the case are that to give up ‘vacant possession’ does not relate to the physical condition of the property – meaning that whilst Global Radio left the premises a ‘vacant shell’, impeding Capitol’s use, they could still exercise the break clause. The landlord’s rights thus extend to being able to sue in damages, however, this does not impede the tenant’s ability to exercise the break clause.
In this newsflash episode, Richard warns against glossing over rent review provisions, specifically to look out for aggregating rent reviews with the recent Court of Appeal judgment on Monsolar IQ Ltd v Woden Park. With the discussion of a variety of cases, Richard stresses that whilst the Supreme Court in 2009 decided the courts can rewrite the clause if it leads to a commercial absurdity, there is still a possibility that if there is no ambiguity in the clause, the court could have easily ruled in the favour of the landlords – no matter if it negatively impacts one party.
Join Richard Snape, DJB's Head of Legal Training, as he unpacks the fundamental cases that form the backbone of real estate law.
In this episode of Unpacking the Case, Richard delves further into the cases discussed in his recent webinar, Commercial Lease Case Law Update 2021
Cases discussed in this podcast are as follows:
- Commerz Real Investmentgesellschaft v TFS Stores [2021] EWHC 863
- WH Smith v Commerz Real Investmentgesellschaft [2021]
- Criterion Buildings c McKinsey & Co [2021] EWHC 256
- Sara and Hossein Asset Holdings v Blacks Outdoor Retail [2020] EWCA 1521
You may have heard us discussing this case before - in this newsflash episode, Richard discusses the new County Court decision on the dispute between S Frances Ltd (tenants) and Cavendish Hotel (landlords), which marks an interesting ‘sign of the times’ in terms of rent reductions due to the pandemic. Richard explains how the facts of this case reflect how major commercial real estate owners expect rentals, at least in major shopping centres, to drop by about 30%.
In this newsflash episode, Richard unpacks the government announcements around remedies for non-payments of rent, discussing the short term effects and longer term proposals such as the ‘Australian; method. With the 16th June government press releases, it has not been good news for landlords with the ability to effect forfeiture for non-payment of rent being suspended for 2 years – this applying to everybody, not only those who are in genuine difficulty to pay rent.
Join Richard Snape, DJB's Head of Legal Training, as he unpacks the fundamental cases that form the backbone of real estate law.
In this episode of Unpacking the Case, Richard delves further into the cases discussed in his recent webinar, Local Authority Disposal of Development Land.
Cases discussed in this podcast are as follows:
- Attorney General v Bath and North East Somerset Council [2002] EWHC 1623
- Baddeley v Sparrow [2015] UKUT 470
- Bath Rugby Ltd v Greenwood [2020] EWHC 2662
- Shaviram Normandy v Basingstoke and Deane Borough Council [2019] UKUT 256
- Davies v Dennis (2009) EWCA 1081
- Coventry School Foundation v Whitehouse [2012] EWHC 235
We are back again with another bonus newsflash episode, which follows a key judgement handed down by the Court of Appeal on 14th May 2021 - TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) Ltd.In this episode, Richard speaks on leasing and the 1954 Landlord and Tenant Act in relation to the recent TFS Stores v Designer Retail Outlet Centres case. TFS Stores (the tenant) argued that Designer Retail Outlet Centres (the Landlord) did not validly contract out their leases based on the 1954 Landlord & Tenant Act. This is because the commencement date of the lease was not accurately recorded on any of the leases, but rather using terms such as “a date to be agreed”. However, the Court of Appeal ruled that that was sufficient, allowing Landlords a sigh of relief due to potential implications being the opening of floodgates to tenants claiming security of tenure at the end of their leases.
Join Richard Snape, DJB's Head of Legal Training, as he unpacks the fundamental cases that form the backbone of real estate law.
In this episode of Unpacking the Case, Richard delves further into the cases discussed in his recent webinar, Exercising Break Clauses: The Pitfalls.
Cases discussed in this podcast are as follows:
- Capital Park Leeds PLC v Global Radio Services [2020] EWHC 2750
- Riverside Park Ltd v NHS Property Services Ltd [2016] EWHC 1313
- Mannai Investment Co Ltd v Eagle Star Life assurance Co Ltd [1997] UKHL 19
- Baker Tilly Management Ltd v Computer Associates Uk Ltd [2009]
- Dun & Bradstreet Ltd v Provident Mutual Life Assurance [1998] E EGLR 175
- Oil Property v Olympia & York 1994
- Max Factor v The Wesleyan Society [1995]
This podcast is brought to you by Davitt Jones Bould.
In a break from the usual format, we're bringing you a bonus newsflash episode, unpacking the recent Supreme Court judgment of 14th May 2021 - Hurstwood Properties Ltd v Rossendale Borough Council. In this episode, Richard discusses recent tax avoidance schemes in reference to the recent judgements in Hurstwood Properties Ltd V Rossendale Borough Council. The two parties, Hurstwood Properties; the developers; and Rossendale Borough Council; the local council; dispute over the use of SPVs to avoid paying business rates for empty properties. The significance of this case includes the legality of dissolution and liquidation schemes, the implications being that schemes based on winding up and dissolution of companies to avoid paying business rates on empty properties are now not valid.
Join Richard Snape, DJB's Head of Legal Training, as he unpacks the fundamental cases that form the backbone of real estate law.
In this episode of Unpacking the Case, Richard delves further into the cases discussed in his recent webinar, The LTA 1954: Grounds of Opposition, Renewal Terms and Interim Rents.
Cases discussed within this podcast are as follows:
- S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62
- Betty’s Café Ltd v Phillips Furnishing Stores Ltd [1959] AC20
- Gulf Agencies Ltd v Ahmed [2016] EWCA Civ 44
- Cunliffe v Goodman [1950] 2 KB 237
- Dolgellau Golf Club v Hett [1998] EWCA 621
- Cox v Binfield [1989]
- Patel v Keles [2009] EWCA 1187)
This podcast is brought to you by Davitt Jones Bould.
Join Richard Snape, DJB's Head of Legal Training, as he unpacks the fundamental cases that form the backbone of real estate law.
In this episode of Unpacking the Case, Richard delves further into the cases discussed in his recent webinar, The LTA 1954: When Does it Apply and Holding Over.
Cases discussed in this podcast are as follows:
- Erimus Housing Limited v Barclays Wealth Trustees (Jersey) Ltd [2014] EWCA Civ 303
- Flairline Properties v Hassan [1998] EGCS 169
- Graysim v P & O [1996] 03 EG 124
- Smith v Titanate [2005] 20EG 262
- Ludgate House v Ricketts [2020] EWCA 1637
This podcast is brought to you by Davitt Jones Bould.
Davitt Jones Bould and your hosts, Hannah Robinson & Lizzie Collin, welcome you to Unpacking the Case. In this podcast series, we will be interviewing our Head of Legal Training, Richard Snape, to get the much needed detail behind the cases shaping real estate law.
Each episode will follow our monthly property law training webinar. If you missed our latest webinar or would like to be added to the invitation list, please email djb.events@djblaw.co.uk