Unpacking the Case - Real Estate Law Podcast

Richard presents the case of Roberts v Lawton (2016) which caused a monumental shift in rent charges, causing chaos in the world of domestic conveyancing and commercial property. Richard describes the history of rent charges, the Law of Property Act 1925, and the possible consequences of failing to pay the rent charge. If you did not pay your rent charge, the Company who managed the charges would...

In our first episode of our new Building Blocks series, which discusses the fundamental and seminal cases in Real Estate law, Richard starts off with the 1848 case of Tulk v Moxhay. This is the foundational case for restrictive covenants and covenants generally. The dispute was whether the new owner of the property could build on the land, when its use was previously agreed to be kept as pleasure...

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 mandator...

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 C...

Following our Local Authority webinar, Richard delves deeper into three pivotal cases. Key considerations include whether overage will crystallise in the future, whether you could consider social factors, s.106 payments and community infrastructure payments. Richard presents further discussion on exclusivity agreements and how to achieve ‘best value’.    #realestate #law #infrastructure #authority...

Richard addresses 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...

 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 M...

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 t...

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.  #realestat...

Following on from our recent webinar, Richard discusses cases relating to alternation covenants and landlord written consents subject to licence. He displays other cases regarding being bound to completion, licences to assign, suspicion of breach of user covenants and planning permission to refuse consent.   #realesatate #law #landlord #licence  Get in touch! Training & Free Webinars for Prope...

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...

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. Richard also predicts rising service charge costs due to demand for energy efficiency.   #realestate #law #energy #cladding  Get in touch! Training & Free Webinars for Pro...

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. #realestate #law #building #fire...

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...

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...

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.  #realestate #law #land...

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...

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 Age...

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 t...

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,...

Richard, DJB’s Head of Legal Training, 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)Cosmic home v Southampton City Council [2013] EWHC 1378London & Ilford Ltd v Sovereign Property Holdings Ltd [2018] EWCA Civ 1618.   #realestate #law #property #le...

Richard, DJB’s Head of Legal Training, 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 47Duval v 11-13 Randolph Crescent [2020] UKSC 18No 1 West India Quay (Residential) Ltd v East Tower Apartments [2018] EWCA Civ 250.    #rea...

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...

Richard, DJB’s Head of Legal Training, 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 2679George Wimpey (Bristol) Ltd v Gloucester Housing Associ...

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. This podcast addresses if Global Radio could still exercise the break clause.  #realestate #law #p...