Explorez tous les épisodes du podcast Unpacking the Case - Real Estate Law Podcast

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. 

 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 

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

 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. 

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

 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. 

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

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. 

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.

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. 

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.

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. 

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 Upper Tribunal case, London Borough of Tower Hamlets V The Lessees of Brewster House and Malting House. The case is in relation to Repairing covenants and service charge liability, particularly in blocks of flats. Richard provides an in-depth analysis of the case's background, the Upper Tribunal judgment and evaluating its significance. 

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 The London Borough of Southwark. 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 Company (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

Rent arrears is an essential topic to grasp in the modern real estate world, especially after the Coronavirus pandemic. Richard Snape analyses the joint Court of Appeal case concerning Bank of New York Mellon (International) Ltd v Cine-UK & London Trocadero LLP v Picture house Cinemas Ltd.  
#realestate #law #rentarrears #commercialproperty #propertylitigation #landlordandtenant 

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.
#realestate #law #firesafety #buildingsafety #property