Unpacking the Case - Real Estate Law Podcast

Can a commercial lease come to an end because an unexpected event has destroyed its purpose? In this episode of Unpacking the Case , Richard and Lizzie examine Into Nominee 1 Ltd v Study Group UK Ltd , a recent High Court decision that visits the contractual principle of frustration. The case is the latest in a long line of attempts by tenants to argue that a lease has been frustrated by events ou...

In this episode of Unpacking the Case , Richard and Lizzie discuss Essendi Hotels UK 2 Limited v London Property Group , a High Court decision examining responsibility for unsafe cladding in a commercial lease. The case concerns a budget hotel near Wembley that was forced to shut its doors after combustible cladding, similar to that involved in the Grenfell Tower tragedy, created serious fire safe...

In this episode, Richard and Lizzie unpack the County Court’s decision in Star Pubs Trading Ltd v Gunmakers Arms (Essex) LLP and what it means for landlords, tenants, pub operators, and commercial property lawyers. The court ruled that Star Pubs could successfully oppose lease renewal under Ground G of the Landlord and Tenant Act 1954, despite day-to-day pub operations being carried out by a third...

In this episode, Richard and Lizzie unpack the Court of Appeal’s remarkably fast-tracked judgment handed down on 13th May, following the original County Court decision on 20th March. The case raises a fascinating and largely untested argument under section 28 of the 1954 Act: can an option to renew amount to an agreement for lease, taking it outside the protection of the Act altogether? Richard di...

Does a telecoms operator need to physically occupy the demised premises for the Landlord and Tenant Act 1954 to apply? According to the Upper Tribunal in EE v Clock Tower Investments Limited [2026] UKUT 163 (LC), the answer may be far more complicated than expected. In this episode, Richard and Lizzie unpack the surprising decision that a telecommunications lease could still benefit from the prote...

The Renters’ Rights Act came into force on the 1st May 2026, but major questions remain for property professionals. In this Q&A special, hosts Richard and Lizzie answer the questions our audience are asking, including: whether fixed-term tenancies survive the transition, how the new possession grounds will work in practice, the impact on rent reviews and tribunal challenges, and whether the co...

The English Devolution and Community Empowerment Act has now received Royal Assent, bringing the proposed ban on upwards-only rent reviews one step closer to reality. Although the changes are not expected to come into force until 2027, the legislation is already creating uncertainty across the commercial property market. In this episode, Richard and Lizzie break down what the Act actually says, th...

Can a restrictive covenant really stop development forever?   In this episode, Richard and Lizzie unpack the Upper Tribunal decision in Duncan Grossart v Vikki Ames [2026] UKUT 139 (LC), a fascinating case involving a Surrey farm, a barn development, and an attempt to remove a restrictive covenant under section 84 of the Law of Property Act 1925. The land had previously been refused planning permi...

In this episode, Richard and Lizzie unpack the High Court decision in Pridewell Properties (London) Ltd v Spirit Pub Co (Managed) London Ltd [2026] EWHC 953 (Ch) , a case we are revisiting on redevelopment opposition under Ground (f) of the Landlord and Tenant Act 1954. The dispute regards The Railway Bell, a 19th century pub in South Woodford, where the landlord sought possession to redevelop the...

What happens when you put thousands of commercial property professionals in one (virtual) room and ask them what’s really keeping them up at night?  In this episode, head of legal training Richard and host Lizzie answer the most pressing questions from our latest commercial property webinar which had over 4,000 registrants.  From the proposed ban on upwards-only rent reviews to the evolution of se...

When does a landlord’s “no” stop being reasonable, and start blocking regeneration?  In this episode, hosts Richard and Lizzie unpack the High Court decision in Great Jackson St Estates Ltd v Manchester City Council, a dispute at the heart of a major Manchester regeneration scheme.  At the centre of the case was a landlord refusing consent for demolition works under an existing lease. The court fo...

In this episode, hosts Richard and Lizzie answer some of our audiences’ questions from our webinar on Restrictive Covenants, Positive Covenants and Commonhold. Richard covers restrictive and positive covenants enforcement, disputes, and the future of commonhold. Drawing on scenarios faced by developers, surveyors, and other property professionals, we explore what actually happens when covenants ar...

How long is too long? In this episode, hosts Richard and Lizzie unpack the High Court decision in Crest Nicholson Regeneration Ltd v Calvert [2026] EWHC 531 (Ch) and what it tells us about the enduring, and often misunderstood, rule against perpetuities. The rule against perpetuities is designed to stop property from being tied up indefinitely. Traditionally, any future interest had to “vest” with...

In this episode, hosts Richard and Lizzie take a closer look at Park Cakes V Caterpillar Property Limited (M80LS041 20 March 2026), a decision from the Leeds Business and Property Court involving Park Cakes, the manufacturer behind M&S’s iconic Colin the Caterpillar. This is not just a story about cakes. It’s an exploration of how options in leases operate, including what happens when those op...

In this Newsflash episode, Lizzie and Richard explore Dobson & Anor v Unsted & Anor [2026] a case from the Upper Tribunal that has been making headlines. At the centre of the dispute is eight feet of lawn and a garden gnome that helped spark a neighbourly conflict. The case turns on the doctrine of adverse possession, which allows someone to claim ownership of land if they have possessed a...

The Government launched its latest leasehold reform via social media, but behind the headlines, the draft Commonhold and Leasehold Reform Bill could cause serious ripples across the property market. In this episode, we explore what happens when ground rent income disappears, why commonhold has struggled for 20 years, and whether calling it something other than “common” might have helped. More impo...

In this Newsflash episode, Lizzie Collin is joined by Richard Snape to unpack the High Court’s ex tempore decision in Lamba v Enfield Borough Council, a judgment that has already sparked lively debate across LinkedIn. The case raises fundamental questions about how notices are validly served under leases. Richard and Lizzie discuss: •How the court approached the interaction between section 196 of...

Where exactly is the boundary, and what happens when the title plan doesn’t give a clear answer? In this Newsflash episode, Lizzie Collin is joined by Richard Snape to dissect the High Court’s decision in Handy Cross Dev Co Ltd v Vanni Properties Ltd [2026] a development-site boundary dispute based on an imprecise title plan. After an influx of boundary cases in the last year this wasn’t just a te...

Following our hugely popular webinar, Responding to CPSE Enquiries – the Pitfalls, which attracted 3,500 registrants, Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer the questions our audience most wanted addressed. Commercial Property Standard Enquiries (CPSEs) are standard pre-contract forms prepared by the British Property Federation and used in UK commercial property...

Following our most popular webinar to date, with 3,900 registrants ,  Richard Snape, Head of Legal Training, joins host Lizzie Collin to answer the questions our audience most wanted addressed on the Landlord & Tenant Act 1954 . This Q&A-style episode dives into some of the trickiest and most topical areas of lease renewals, including grounds F and G , statutory compensation, and how evolv...

In this Newsflas h episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to unpack a Court of Appeal decision about an ecclesiastical setting. Cloisters Business Centre Management Company Limited v Anvari [2026] is about service charge liability in a former convent converted into mixed business and residential use and raises important questions about when...

In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss a recent Court of Appeal decision concerning London Borough of Tower Hamlets v Various Leaseholders.   The case arose from an attempt by London Borough of Tower Hamlets to recover the cost of major structural works through service charges. The Court of Appeal rejected the...

In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss a recent County Court decision handed down in November concerning Azam v Violet Developments LLP & Ors. Richard explains the complex background behind the dispute, involving the delayed completion of a major residential and commercial redevelopment in East London, the...

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 redev...

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 d...