Unpacking the Case - Real Estate Law Podcast

Can heads of terms give rise to a legally binding contract? Richard considers this in relation to a High Court judgment from the 14th of June 2022: Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2022] EWHC 1467. Richard also delves into the intention to create legal relations, lock-out agreements, and the difficulties in implication terms into a contract for the courts.     #real...

Richard discusses the first reported arbitration decision on the Commercial Rent (Coronavirus) Act that was decided on 11th July 2022: Signet Trading Ltd v (1) Fprop Offices (Nominee) 4 Ltd and (2) Fprop Offices (Nominee) 5 Ltd [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...

Richard considers Clipper Logistics v Scottish Equitable, a County Court Judgment from April 2022. It 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 cas...

Following the Queen's Speech on May 10th, 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...

Richard delves into seminal cases regarding the Landlord and Tenant Act 1954 and its provisions. Firstly, the lease/licence distinction and the importance of excluding the LTA 1954 with regards to a High Court case. Next, how tenants are not necessarily bound if it is an LTA 1954 Act protected lease by statutory continuation tenancy at the end of the fixed term. Finally, Richard covers compensatio...

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.  #realestate #law #buildingact #property  Get in touch! Training & Free Webinars for Property Pro...

What is the difference between a lease and a licence? Richard explores this in relation to Street v Mountford, a UKHL case from 1985. Richard expands on security of tenure, the protected shorthold tenancy, the LTA 1954, the Rent Acts, Somma v Hazlehurst [1978], and other integral aspects to lease/licence distinction.   #realestate #law #rentacts #licence #lease #landlordandtenant  Get in touch! Tr...

In this Building Blocks episode, Richard delves into the land tribunal decision and implications of Stokes v Cambridge Corporation [1961], a seminal case, especially for valuers. It mainly concerns involves worth of land in comparison to it betterment value, but also has impacted compulsory purchase, ascertaining ransom strips, and even overage agreements. #realestate #law #land #envrionment  Get...

In this Building Blocks episode, following on from Tulk v Moxhay - which is also available as an episode as part of our Building Blocks series - Richard discusses the HL 1994 case of Rhone v Stevens, disputing the issue as to whether the burden of positive covenants runs with freehold land. #realestate #law #land #environment  Get in touch! Training & Free Webinars for Property Professionals:...

The owners of this parkland sold parts of the land so that houses could be built and granted “the full enjoyment at all times hereafter in common pleasure of the ground” to those living there. And when the land was requisitioned during WWII, the owners of the land argued they should be entitled to compensation under the Compensation Defence Act 1939. Richard discusses the elements of, and consider...

This is a 1981 HL case which reverses the previous COA decision with regards to land charges and unregistered land. Richard explains how legal rights on unregistered land bind third-party purchasers, but equitable rights can be defeated by a bona fide purchaser for a value of a legal estate without notice as long as you pay some consideration, and if you don't have notice of your rights then...

Richard conveys the issues surrounding break clauses in the UKSC case of M&S plc v BNP Paribas Securities Trust company Ltd. Unfavourable to tenants, the case disputed whether there was an implied term which would mean the tenants (M&S) could get their money back post break day after paying a quarter’s rent in advance. When the quarter ended in March 2012, and the last rent day was Decembe...

In this episode, Richard clarifies a difficult area of law surrounding the intensification of use of easements in terms of the 2004 CA case of McAdams Homes Ltd v Robinson & Anor, which undid previous principles and set out something new. Most notably, it used to be assumed that upon gaining long-use prescriptive easements, then you could increase the volume of use but you could not change the...

Richard presents the dispute in Betty’s Cafes Ltd v Phillips Furnishing Stores Ltd (No.1) [1959]. The landlord opposed a new lease primarily by making a s.25 notice on ground F, which is intention to demolish or reconstruct/ carry out substantial works. Referencing Cunliffe v Goodman [1950], this was the first HL case to be heard under the Landlord and Tenant Act 1954. The dispute lay in when woul...

Richard discusses vehicle access as per s.193(4) of the Law of Property Act 1925. Richard describes how you cannot base prescriptive long-use easements on illegal acts, meaning you cannot claim prescriptive rights to drive across commons. The dispute lay in whether you can gain a prescriptive right despite the ‘illegal’ use of land.  #realestate #law #property #land  Get in touch! Training & F...

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...

Richard discusses the latest developments on the Commercial Rent (Coronavirus) Act. Such as, its provisions, 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.    #realestate #law #rent...

In this Building Blocks episode, Richard presents the concept of passing the benefit of restrictive covenants as exemplified in Federated Homes Ltd v Mill Lodge Properties Ltd. Richard, referencing Rogers v Hosegood (1900), explains the complex issues of whether the benefit passes to a covenantee's successor, and what happens if you have not expressly annexed the covenants. #realestate #law #...

In this Building Blocks episode, Hannah interviews Richard about Wheeldon v Burrows, an 1879 case which set the standard for implying easements. Richard describes the history of, and the mechanics of the decision which took into consideration non-derogation from grant and the 1663 case of Palmer v Fletcher. Where Wheeldon & Burrows is applied and where it can be excluded is also clarified in R...

In this Building Blocks episode, Richard discusses the characteristics, and the requirements to qualify as an easement with regards to Hill v Tupper. Hill was granted exclusive and contractual rights to run pleasure boats along a canal, but Tupper was also running boats along the same stretch of canal; albeit for the purpose of allowing people to fish and bathe in it. Hill objected to this. Howeve...

Richard brings us back in this Building Blocks episode to 1583, to discuss Spencer's Case. Mr & Mrs Spencer granted a 21-year lease to "s", assignee to Clark, with the obligation to build a brick wall on the land. The brick wall was never built, the Spencers wanted to ensure that the leasehold covenant would pass with the land. Richard outlines the requirements for leasehold cov...

Decided by the same justice as in Spencer's Case, another seminal land law case which can be found in our Building Blocks series, Richard brings us back to the Stuart period to discuss Aldred's case - the start of the ordinary man claiming nuisance and having a cause of action against his fellow neighbour. The case opens discussion on prescriptive rights, the rights to light and the righ...

Richard outlines the significance of this Walsh v Lonsdale 1882 case which relates to the role of equity, the law and when they were fused together in the 1870’s, starting with The Judicature Acts 1873-1875. The dispute lay in whether the lease was legal in the first place, with regards to equitable considerations and so the maxim, “Equity looks on as done that which ought to be done”.    #realest...

Richard discusses how town and village greens became a very prevalent way of stopping developments with regards to R (on the application of Lewis) v Redcar and Cleveland Borough Council, a UKSC case from 2010 and s.15 of the Commons Act 2006. In this case, CBC wanted to build 300 houses, along with leisure facilities on 18 acres of land due to the Golf Club's lease over the land coming to an...

In this Building Blocks episode of Unpacking the Case, Richard explores O’May v City of London Real Property Co Ltd, a House of Lords case from 1983 and possibly "the most important case on the LTA 1954". It relates to lease renewals under the 1954 Landlord & Tenant Act. #realestate #law #landlord #tenant  Get in touch! Training & Free Webinars for Property Professionals: Would y...