Unpacking the Case - Real Estate Law Podcast

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...

Richard Snape, DJB's Head of Legal Training, unpacks the fundamental cases that form the backbone of real estate law. 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 863WH Smith v Commerz Real Investmentgesellschaft [2021] C...

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%.   #realest...

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 t...

Richard Snape, DJB’s Head of Legal Training, 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 Boro...

In this episode, Richard covers 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 t...

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...

In this episode, Richard discusses recent tax avoidance schemes in reference to the recent judgments 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 o...

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 Do...

 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 [20...

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...