Unpacking the Case - Real Estate Law Podcast

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Unpacking the Case - Real Estate Law Podcast

Davitt Jones Bould presents Unpacking the Case, the podcast where we get the much-needed detail behind the cases shaping real estate law. With episodes every other week, be sure to join Richard Snape, our Head of Legal Training, for the latest insights. Want to know more? DJB covers the full spectrum of real estate issues from commercial property to planning, real estate finance, property litigation, construction, agriculture and other related areas.https://www.djblaw.co.uk/   https://www.linkedin.com/company/davitt-jones-bould  #realestatelaw #propertylitigation #commercialproperty #law #legal

  1. 154

    Last Orders for the Beer Garden? Pride well Properties v Spirit Pub Company

    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 site by building houses in the beer garden and converting upper floors into residential flats.Although the court accepted the landlord genuinely intended to redevelop, the claim ultimately failed because the evidence on funding was not strong enough.Richard explores:• Why Ground (f) remains the most heavily litigated ground under the 1954 Act;• What counts as a “firm and settled intention” to redevelop;• Why proving funding is critical;• The evidential hurdles landlords face when opposing lease renewals; and• What this means for developers, investors, landlords and occupiers across the real estate market.A must-listen for anyone involved in commercial property redevelopment, asset management or lease renewals.Relevant cases: Bath Rugby Ltd v Greenwood & Ors v Bath Recreation Ltd [2021] [Hutchinson, Re 1 Captains (Lands Chamber) [2009]MVL Properties Ltd v The Leadmill Ltd [2025]Ministry of Sound Ltd v The British and Foreign Wharf Company Ltd [2025] Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  2. 153

    Rent Reviews, Reform and What Comes Next

    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 security of tenure under the Landlord and Tenant Act 1954, Richard discuses where the market is heading. Richard and Lizzie discuss:  •Rent review clauses  •How landlords are using (and testing) redevelopment breaks  •The risks around leases, licences and tenancies at will  •The cases everyone is talking about, including AP Wireless II v On Tower UK Ltd and Lamba v Enfield LBC  •Service of notices If you’re involved in commercial property, whether advising, negotiating or making strategic decisions, this episode will give you a sharper sense of what’s coming next. Relevant cases: •AP Wireless II v On Tower UK Ltd [2025] •Lamba v Enfield LBC (2025) •Park Cakes V Caterpillar Property Limited (2026) •White v Alder [2025] •Davies v Bridgend County Borough Council [2024] •Spirit Pub Company  (Managed) London V Pridewell Property Limited [2025] •Blunden v Frogmore Investments Ltd [2002] Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  3. 152

    Unlocking regeneration: Great Jackson St Estates v Manchester CC

    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 found that refusal unlawful, clearing the path for redevelopment to proceed. Crucially, the judgment draws a line between alteration and demolition.  Richard also explores what it means for developers, landlords, and local authorities navigating restrictive covenants and consent to alteration and demolition. If you’re involved in urban regeneration, leaseholds or public sector estates, this case is a reminder to exercise caution when refusing consent to alterations, particularly in complex urban regeneration projects.  Relevant cases: Great Jackson St Estates Ltd v The Council of the City of Manchester [2025]   Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  4. 151

    Covenants, & Commonhold: Your Property Law Questions Answered

    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 are breached, how enforceability works in practice, and where the law still leaves uncertainty.We also look ahead to commonhold reform and what it could mean for ownership structures, service charges, and long-term development strategy.A must-listen for anyone working in commercial property, planning, or real estate development.Relevant cases:Tulk v Moxhay (1848) Austerberry v Corporation of Oldham (1885) Kelly v Barrett [1924]Wall v Collins [2007]Crest Nicholson Regeneration Ltd v Calvert [2026] Cosmichome Ltd v Southampton City Council [2013]Gafford v Graham and another [1999]Birdlip v Hunter [2016]Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  5. 150

    Colin’s Options: Park Cakes V Caterpillar Property

    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 options are exercised and whether any resulting lease falls within the protection of the Landlord and Tenant Act 1954. Richard explains that a renewal option gives the tenant an extra choice, not an automatic outcome and the real value lies in deciding which route to use, and when.When it comes to lease options, you can’t always have your cake and eat it.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  6. 149

    The Perpetuity Problem: Crest Nicholson Regeneration v Calvert

    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” within a fixed period — often described as a life in being plus 21 years. If there was even a possibility that it wouldn’t, the arrangement could fail altogether.That creates real tension in modern option agreements, a staple of long-term development deals, where buyers secure the right to purchase land years (sometimes decades) into the future, often conditional on planning.Richard explores:how the rule against perpetuities developed, from The Duke of Norfolk's Case (1682) through to modern application; why option agreements have historically sat uncomfortably within that framework; and how the Perpetuities and Accumulations Act 2009 has reshaped the landscape by effectively removing the rule for options over land.For developers, landowners and advisers, the message is simple: timing, drafting and structure matter, because even historic rules can still have modern consequences.Other cases mentioned:The Duke of Norfolk's Case (1682)Street v Mountford [1985] AC 809Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  7. 148

    Gnome Man’s Land: Dobson v Unsted

    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 and treated it as their own for a set period of time.Richard analyses how much use is enough, does mowing and maintaining a strip of grass amount to possession and what is the significance of planting clover?Join us as we unpack the facts, the law, and what this surprisingly dramatic dispute over a small patch of grass tells us about adverse possession, particularly when it comes to unregistered land.Other cases mentioned:Clapham v Narga [2024]Thorpe v Frank & Anor [2019] Kirkman v Bradshaw Pub Company [2025]Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  8. 147

    Draft Commonhold and Leasehold Reform Bill: The End of Leasehold as We Know It?

    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 importantly, we ask: can commonhold function at scale in complex urban developments?Richard and Lizzie explore:• Why leasehold became the dominant structure for flats and the historic legal problem behind it.• Why commonhold failed to gain traction after its introduction in 2004 by the Commonhold and Leasehold Reform Act 2002..• What the Draft Commonhold and Leasehold Reform Bill would change in practice, including restrictions on creating new long leasehold flats.• The practical governance and liability risks for commonhold associations, particularly in higher-risk buildings.• Whether commonhold can realistically function at scale in complex urban and mixed-use developments.• What developers, investors and affordable housing providers should be considering now.If you work in development, investment, or affordable housing, commonhold is not something you can afford to ignore.Other cases mentioned: Unpacking the Enforceability of Restrictive CovenantsAusterberry v Corporation of Oldham (1885)Spencer's Case [1583]Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  9. 146

    Posted… But Was It Served? Lamba v Enfield

    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 the Law of Property Act 1925 and section 23 of the Landlord and Tenant Act 1927 when serving notices.•Why the decision appears to depart from established authority on when service is deemed effective•The significance of lease drafting, particularly where notice provisions state that notices “shall” be served in accordance with section 196.•The potential implications for statutory notices under the Landlord and Tenant Act 1954 and the Landlord and Tenant (Covenants) Act 1995.•Steps landlords, tenants, and practitioners should take to minimise risk when serving notices while uncertainty remains.This podcast highlights how a single drafting choice can fundamentally alter long-understood principles. For anyone advising on commercial property, lease renewals or break notices, this is a timely deep dive into a developing and potentially contentious area of law.Other cases mentioned include:•Commercial Union v Mustafa [1999]•Blunden v Frogmore Investments Ltd [2002]•CA Webber (Transport) Ltd v Network Rail Infrastructure Ltd (formerly Railtract Plc) [2003]•Beanby Estates Ltd v The Egg Stores (Stamford Hill) Ltd [2003]•Galinski v McHugh [1989]Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  10. 145

    General Boundaries, Specific Problems: Handy Cross v Vanni

    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 technical disagreement but went to the heart of how courts determine general boundaries, and when extrinsic evidence can genuinely assist to interpret ambiguity, not cure poor drafting.Under the general boundaries rule (s.60 Land Registration Act 2002), title plans show general, not exact, boundaries. If the wording of the transfer and the attached plan leave genuine uncertainty as to where the boundary lies, the court may look beyond the four corners of the document following Alan Wibberley Building Ltd v Insley. Richard and Lizzie explore:•How the court approaches “general boundaries” where transfer plans lack precision.•The strict threshold for admitting extrinsic evidence and why it must be genuinely probative.•Why post-dating conduct only carries weight if it is bilateral.•The dangers of assuming planning permissions and approved drawings can later fix unclear title boundaries.•What this means in practice for developers and local authorities The High Court confirmed the County Court and held one party’s unilateral assumption about the boundary is irrelevant. The court’s role is to interpret the legal document, not to achieve what seems commercially sensible years later.If you deal with development land, this is one to listen to before your next transaction. Other cases mentioned include:Alan Wibberley Building Ltd v Insley [1999Acco Properties Ltd v Severn [2011]Maximus Networks Ltd v Secretary of State for Transport [2018]Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  11. 144

    When “Not Aware” Isn’t Enough: Answering Your CPSE Enquiries

    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 transactions, requiring sellers or landlords to disclose key information about title, the property’s condition and liabilities to ensure transparency before exchange.This Q&A-style episode tackles the practical and often contentious issues that arise when responding to CPSEs, including the risks of using “not aware” responses, whether sellers must highlight title defects in auction packs, and how far a seller’s duty of enquiry extends. The discussion also explores fire risk assessments, asbestos obligations, vacant properties, and the interaction between CPSE replies and potential misrepresentation liability.The episode further examines recent Building Safety Act requirements, including higher-risk buildings, safety case reports, leaseholder deeds of certificate, and common misconceptions around listed buildings and EPC exemptions. Throughout, the focus remains firmly on risk management as a failure to respond correctly to CPSE Enquiries may result in a negligence claim.Relevant cases: First Tower Trustees v CDS (Superstores International) Limited [2018]Sykes v Taylor-Rose [2004]Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  12. 143

    LTA 1954: The Questions Everyone’s Asking

    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 evolving issues such as green lease clauses are beginning to affect renewal strategy. They also discuss the latest on the proposed ban on upwards rent reviews. Drawing on case law, the discussion cuts through the theory to focus on what landlords and tenants need to be thinking about now when navigating renewals under the Act — particularly in light of ongoing legislative change.Relevant cases: •Kensington and Chelsea London Borough Council v Mellcroft Ltd [2024] •Ambrose v Kaye [2002]•Cunliffe v Goodman [1950] •Gregson v Cyril Lord Carpets Ltd [1963] •Gatwick Parking Service v Sargent [2000] •Coppin v Bruce-Smith [1998]•Betty’s Café Ltd v Phillips Furnishing Stores Ltd [1959] •Vodafone Limited v Gravesham Borough Council [2025]•The Gulf Agencies Ltd v Ahmed [2016]•MVL Properties (2017) Ltd v The Leadmill Ltd (2025)•Bath v Prichard [1990]•WH Smith v Commerz Real Investmentgesellschaft [2021]•Clipper Logistics plc v Scottish Equitable plc [2022]•O’May v City of London Real Property Co [1983]Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  13. 142

    Sacred or Statutory? Service Charges following Cloisters v Anvari

    In this Newsflash 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 statutory protections under the Landlord and Tenant Act 1985 are triggered.Richard and Lizzie explore how the Court of Appeal approached the definition of a “dwelling”, and why ancillary or intended residential use can be enough to bring statutory service charge controls into play, even where premises are predominantly commercial.The discussion covers:•The background to the dispute and the unusual mixed-use setup at Priory House•How the Court of Appeal interpreted “dwelling” under the 1985 Act•Why residential use doesn’t need to be obvious or dominant to matter•The consequences for landlords, tenants and advisers dealing with mixed-use buildings, and service charge consultation requirements. This case is a reminder that service charge recovery in mixed-use properties remains a sensitive area, and that assumptions about “commercial” buildings can quickly unravel upon closer inspection.Other cases mentioned:- JLK Ltd v Sleepy Hollow Ltd- Kensington and Chelsea v MellcraftGet in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  14. 141

    The Service Charge That Didn’t Stick: Tower Hamlets v Leaseholders

    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 council’s arguments, holding that the leases did not permit those costs to be passed on, reinforcing important protections for leaseholders, particularly under right-to-buy leases.Richard explains the complex background behind the dispute, involving why The First-tier Tribunal (FTT) and Upper Tribunal found the leases did not allow these charges., and why the Court of Appeal dismissed the Council's appeal.  Richard and Lizzie explore:• Why landlords cannot assume historic or structural defects can be recovered via service charges • The broader context of ongoing debate aiming to make leasehold fairer • The contractual terms of the leases • How sections 11–16 of the Landlord and Tenant Act 1985 shaped the court’s approach  • Lessons for landlords and tenants.Other cases mentioned: London Borough of Tower Hamlets v Various Leaseholders [2025]Quick v Taff Ely Borough Council [1985]  Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  15. 140

    Azam v Violet Developments: Delay It and Pay It, the Million Pound Lesson

    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 financial difficulties faced by the developer, and the subsequent forfeiture proceedings brought by the landlord, Mr Azam.Richard and Lizzie explore:•How the court approached relief from forfeiture under Section 146 of the Law of Property Act 1925 and the wide discretion available to judges.•Why delays in practical completion had significant financial consequences, particularly due to the introduction of the Leasehold Reform (Ground Rent) Act 2022.•The key issue of whether compensation could extend to losses not expressly mentioned in the s146 notice.•How earlier authorities such as Hyman v Rose, Southern Depot v British Railways Board, and others shaped the court’s conclusion.•Lessons for landlords, tenants, developers and lenders in managing development obligations, delayed projects, and forfeiture risk.The judgment, resulting in an award of approximately £1.4 million in compensation, illustrates the scope of the court’s discretion and highlights the importance of drafting, timing and strategic decision-making in property development arrangements.Other cases mentioned: - Hyman v Rose [1912]- Southern Depot v British Railways Board [1990]Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  16. 139

    Club Classics & Break Clauses: Ministry of Sound v British Foreign Wharf

    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 redevelopment break clauses, the balance between tenant security and landlord development rights, and how the law evaluates planning prospects over long lease terms.Richard and Lizzie discuss: • The background to the Ministry of Sound’s 15-year lease renewal request and the landlord’s desire for a redevelopment break. • The two-stage test for redevelopment break clauses, including subjective intention and objective “real prospect” of obtaining planning permission. • How expert evidence shaped the court’s view on the likelihood of residential redevelopment. • The longstanding principle that the 1954 Act should not stifle development, traced through key authorities. • How a break notice can be framed as a section 25 notice, enabling landlords to rely on Ground F when terminating a protected tenancy.This case illustrates the continuing judicial effort to balance commercial certainty for tenants with development flexibility for landlords, providing important guidance for property owners, occupiers, and advisors involved in 1954 Act negotiations and contested lease renewals.Other cases mentioned:• Cunliffe v Goodman [1950] • Hawthorn v Barry UDC (1956) • National Car Parks Ltd v The Paternoster Consortium Ltd [1990] • B&M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd [2023]  • Shoal Manufacturing v Clifton Slimline (1967)Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  17. 138

    Defining Long User: Lessons from Kingdom Hall Trust v Davies.

    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 discuss:• The background and legal fiction behind prescriptive easements and “lost modern grant”.• How the Tribunal approached the concept of a capable grantor in the context of charitable land.• The implications of the decision for landowners, developers, and practitioners dealing with historic land use and rights of way.This case highlights the evolving interpretation of prescription law and offers key insights into managing rights over land with charitable or ecclesiastical ownership.Other cases mentioned: Hughes v Incumbent of the Benefice of Frampton-on-Severn and OthersTraining & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  18. 137

    Who Pays for Safety? Lessons from Almacantar v de Valk

    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 Almacantar Centre Point Nominee No.1 Ltd & Anor v Penelope de Valk & Ors. They explore leaseholder protections under Part 5 of the Building Safety Act, including what constitutes a “relevant defect,” how cladding remediation is treated, and the implications for qualifying and non-qualifying leaseholders.Richard and Lizzie discuss: • How the Tribunal considered what constitutes a “relevant defect” under Part 5 of the Building Safety Act. • The significance of qualifying versus non-qualifying leaseholders in determining liability for service charges. • How the ruling clarifies the treatment of cladding remediation and structural safety risks. • Key takeaways for landlords, leaseholders, and practitioners managing building safety compliance and historic defects.The case highlights ongoing uncertainty in building safety law and demonstrates the importance of careful drafting, strategic advice, and understanding leaseholder protections when negotiating property rights. This episode explores the court’s approach to historic defects and cladding issues, offering insight relevant to those involved in service charge management.Other Cases Mentioned: Almacantar Centre Point Nominee No.1 Ltd & Anor v Penelope de Valk & Ors [2025]Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  19. 136

    Unintended Security of Tenure: Another AP Wireless II v On Tower

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the recent First-tier Tribunal decision in On Tower v AP Wireless II.This important case raises significant questions for both landlords and tenants in relation to periodic tenancies and tenancies at will, as well as their interaction with the Landlord and Tenant Act 1954 and the Electronic Communications Code.Richard and Lizzie discuss:How the Tribunal approached the distinction between a periodic tenancy and a tenancy at will.Why this distinction matters when determining security of tenure under the 1954 Act.The wider implications for operators and landowners in the telecoms sector, particularly where the Electronic Communications Code applies.Practical takeaways for landlords, tenants, and practitioners dealing with lease renewals and electronic communications agreements.The case highlights ongoing uncertainty in this area of law and demonstrates the need for careful drafting and strategic advice when negotiating property rights. For those advising on commercial property or telecoms infrastructure, this episode provides valuable insight into how the courts are likely to treat such disputes going forward.Other Cases Mentioned: AP Wireless II v On Tower [2025]Mannai Investment Co. Ltd v. Eagle Star Assurance [1997]Smoke Club Ltd and others v Network Rail Infrastructure Limited [2021]Valleyview v NHS Property Services [2022] Wheeler v Mercer [1956]Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  20. 135

    Answering Your Questions on Commercial Leases and the Ban on Upwards-Only Rent Reviews

    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 Commercial Leases Update – Including the Ban on Upwards-Only Rent Reviews. They cover key issues such as stepped rents, index-linked reviews, contracting out, and the potential impact of these reforms on lease negotiations.Other Legislation Mentioned:English Devolution and Community Empowerment BillAP Wireless II v On Tower [2025] Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking. This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  21. 134

    Your LTA 1954 Questions Answered

    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 & Tenant Act 1954. They explore complex issues including pre-1954 Act ground leases, the risks of using tenancies at will, contracting out procedures, and how recent case law is shaping the interpretation of security of tenure.Other cases mentioned:Street v Mountford [1985] : https://www.djblaw.co.uk/post/building-blocks-street-v-mountford-1985Wheeler v. Mercer (1956)Jones v. Bridgman (1878)Javad v Aqil [1991]AP Wireless II (UK) Ltd v On Tower (UK) Ltd [2025]: https://www.djblaw.co.uk/post/newsflash-ap-wireless-ii-v-on-towerNewham Borough Council v Thomas Van Staden [2008]Mexfield Housing Cooperative Ltd v Berrisford [2012]Walsh v Lonsdale [1882]: https://www.djblaw.co.uk/post/building-blocks-walsh-v-lonsdale-1882Valley View Health Centre v. NHS Property Services (2020)Erimus Housing Limited v Barclays Wealth Trustees (Jersey) Limited  [2014]Clear Channel UK Ltd v Manchester City Council (2005) Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking. This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.' Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  22. 133

    Lease or Licence? The Court of Appeal Shakes Things Up in AP Wireless II v On Tower

    In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the Court of Appeal’s recent decision in AP Wireless II v On Tower.  They explore how the Court of Appeal revisited the lease versus licence distinction, why contractual labels alone are not decisive, and how this judgment reshapes the risk landscape for landowners, operators and advisers working with electronic communications agreements. Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking. This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  23. 132

    Nobody Saw This Coming: The Proposed Ban on Upwards-Only Rent Reviews

    In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss a move few in the property market anticipated, the government’s surprise proposal to ban upwards-only rent reviews.  The proposal, unexpectedly included in the English Devolution and Community Empowerment Bill, has sent ripples through the commercial property sector. Richard and Lizzie unpack what the legislation is seeking to achieve, why it has appeared now, and how it could fundamentally alter the risk profile of commercial leases. This episode explains what could change, what might not, and where the real uncertainty lies. Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking. This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  24. 131

    Leaseholder Protections Under Fire: Adriatic Land v Long Leaseholders

     In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould, to discuss the latest Court of Appeal judgment on leaseholder protections under the Building Safety Act. Using Adriatic Land v Leaseholders at Hippersley Point as a case study, they unpack legal costs, retrospective service charges, and what this means for qualifying leaseholders moving forward. Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  25. 130

    When Use Becomes a Right: Prescriptive Easements After Stenner v Teignbridge

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to break down a significant Upper Tribunal decision in Stenner v Teignbridge District Council.They explore how prescriptive easements are established, the critical distinction between easements and exclusive possession, and why long-term use does not always result in legal rights. Using examples such as car parking and boat storage, the discussion highlights the risks for landowners, developers, local authorities and occupiers.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  26. 129

    Safeguarding, Signage and Village Green Claims: Cotham School v Bristol CC

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the High Court’s decision in Cotham School v Bristol City Council.The discussion explores the legal framework behind village green applications, including the rarely used section 14B of the Commons Registration Act 1965, and why this case marks an important development for landowners and public bodies. Lizzie and Richard examine how statutory incompatibility, safeguarding obligations and on-site signage were central to the court’s reasoning.This episode provides insight into when land cannot lawfully be registered as a town or village green, what this decision means for schools, local authorities and developers, and how professionals can manage village greens.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  27. 128

    Drawing the Line: Atkinson & Ors v Browne

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the High Court’s decision in Atkinson and Others v Browne.The discussion unpacks key legal principles relating to boundary presumptions, the enforceability of restrictive covenants, and whether trustees can acquire land through adverse possession within a private estate. Lizzie and Richard explore how long-standing assumptions about boundaries can be challenged.This episode provides insight for landowners, trustees, developers and property professionals dealing with boundary disputes, estate management and adverse possession claims.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  28. 127

    Lights, Camera… No Commission: London Trocadero Limited v Picturehouse Cinemas

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to unpack a High Court decision on landlord insurance commissions, London Trocadero v Picturehouse Cinemas.Richard explains the background to the dispute and why the court concluded that insurance commissions could not be recovered through the service charge. The discussion explores the limits of recoverable costs, the importance of lease wording, and why transparency around insurance arrangements matters.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  29. 126

    Discharging Restrictive Covenants: Great Jackson St Estates v Manchester CC

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the Court of Appeal’s decision in Great Jackson Street Estates v Manchester City Council.The discussion explores the legal principles governing the discharge and modification of restrictive covenants under section 84 of the Law of Property Act 1925, and why this judgment is particularly important for developers working with long leasehold interests. Lizzie and Richard examine how the courts assess practical benefit, public interest and impediments to reasonable use when deciding whether a covenant should be removed.This episode will be particularly important for developers, landowners and advisers on managing restrictive covenant risk, navigating s84 applications, and understanding when covenants may no longer stand in the way of development.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  30. 125

    Time Limits Rewritten by the BSA: URS v BDW

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to unpack the Supreme Court’s decision in URS v BDW [2025].The discussion breaks down the background to the dispute and explains the Supreme Court’s key findings on negligence, duty of care and limitation periods. In particular, Lizzie and Richard clarify why claims may still be brought for historic defects long after completion, and how this decision has changed when liability ends.This episode is especially relevant for surveyors, developers and designers navigating professional liability in the post-Grenfell landscape. It discusses how URS v BDW affects historic developments, design liability and future negligence claims across the property and construction industry.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  31. 124

    When an Informal Boundary Holds: Bishop v Jacques

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the Upper Tribunal’s decision in Bishop v Jacques.The discussion explores how boundary agreements operate in practice, the legal significance, and the interaction with adverse possession. In particular, Richard explains why the Tribunal was willing to uphold an informal boundary agreement covering a substantial area of land, despite the absence of formalities.This episode is essential listening for property owners, developers, surveyors and advisers dealing with boundary uncertainty, historic arrangements and estate management. It highlights the real-world risks of informal boundary agreements and why long-standing practice can still have decisive legal consequences.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  32. 123

    Can an Old Boundary Agreement Still Apply? White v Alder

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to examine the Court of Appeal’s decision in White v Alder.The discussion considers whether informal boundary agreements can bind future owners, tracing the legal principles from historic land arrangements through to a modern boundary dispute in Chelmsford. Lizzie and Richard unpack how the court approached long-standing agreements, successive ownership and boundary uncertainty.This episode is particularly relevant for professionals involved in due diligence and estate management. It highlights why historic boundary agreements can still affect title today, the risks of relying solely on plans, and what this decision means for boundary rights going forward.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  33. 122

    The Case of the Expanding Tenant: McGee v Long Term Reversions

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to unpack the complex law of encroachment in leases, using the recent decision in McGee v Long Term Reversions (Harrogate Ltd).The discussion explores whether encroachment during the term of a lease should be analysed through the lens of estoppel or adverse possession, and why that distinction matters. Richard explains how encroachment can arise in practice, how the courts approach these claims, and the consequences for both landlords and tenants.This episode is essential listening for landlords, tenants, surveyors and advisers dealing with leasehold management, alterations and boundary creep. It highlights the risks encroachment poses, how claims may develop over time, and what this case could mean for future disputes.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  34. 121

    When Use Becomes Ownership: Kirkman v Bradshaw Pub Company Ltd

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to explore the law of adverse possession through the Court of Appeal decision in Kirkman v Bradshaw Pub Company Limited.The discussion breaks down the core elements of adverse possession, including factual possession and intention to possess. Richard explains why the absence of fencing did not defeat the claim, and how control, use and exclusion were assessed.This episode highlights the risks of informal occupation, why assumptions about boundaries can be dangerous, and how adverse possession can arise. Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  35. 120

    Last Orders for This Lease: Spirit Pub v Pridewell

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to examine the implications of the High Court’s decision in Spirit Pub Company (Managed) London Ltd v Pridewell Property Ltd.The discussion focuses on a landlord’s ability to oppose lease renewal on redevelopment grounds under ground F of the Landlord and Tenant Act 1954. Richard breaks down the legal principles, analyses the court’s reasoning, and explains what landlords must demonstrate.This episode is essential listening for landlords, developers and advisers dealing with protected business tenancies. It highlights the strategic use of ground F, the evidential hurdles involved, and what this decision means for future lease renewal disputes, particularly in the leisure sector.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  36. 119

    Q&A on Adverse Possession

    In this episode, Richard Snape, Head of Legal Training at Davitt Jones Bould, joins host Lizzie Collin to answer audience questions from our webinar on adverse possession.The discussion tackles some of the most common and misunderstood issues, including how adverse possession operates on unregistered land, how boundary disputes can give rise to claims, and the steps landowners can take to protect their property from long-term occupation risks.This episode is essential listening answering real-world questions raised by property professionals.Get in touch!Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  37. 118

    Building Safety Act: Who Really Pays? Grey v Edgewater

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the developments under the Building Safety Act through Grey GR v Edgewater.The discussion focuses on when it is just and equitable to require third parties to contribute towards remediation works, and how the courts are approaching the allocation of liability under the BSA. Lizzie and Richard break down the court’s reasoning, the factors influencing cost recovery, and why this decision is significant for owners, developers and associated parties.This episode is essential listening for real estate professionals navigating building safety risk, remediation funding and post-Grenfell liability. It provides insight into how responsibility for remediation costs may be shared, and how this ruling could shape future claims and recovery strategies across the property sector.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  38. 117

    The Limits of Peaceable Re-Entry: Sik v Malik

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to examine the High Court’s decision in Sik v Malik.The discussion explores the legal complexities of forfeiture by peaceable re-entry, including when re-entry is lawful, the risks landlords face when exercising forfeiture rights, and the circumstances in which tenants may obtain relief from forfeiture. Lizzie and Richard unpack the court’s reasoning and explain why this case is an important reminder that forfeiture is rarely straightforward.This episode is essential listening for landlords, tenants and advisers dealing with enforcement of lease covenants, termination strategies and forfeiture risk. It highlights the practical consequences of getting re-entry wrong and the factors courts consider when deciding whether relief should be granted.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  39. 116

    The Ground (g) Case You Keep Hearing About: MVL v The Leadmill

    In this Newsflash episode, Elizabeth Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to unpack a landmark High Court decision on the Landlord and Tenant Act 1954,  a case set in an iconic events venue, frequently referenced in our webinars.MVL Properties (2017) Limited v The Leadmill Limited [2025] focuses on the operation of ground (g), examining what a landlord must prove to demonstrate a genuine intention to occupy and successfully oppose a tenant’s right to a new lease. Lizzie and Richard explore why intention is so often contested, how the courts assess credibility, and where landlords’ plans can fall short.The episode also considers the wider implications for tenant protection, including the interaction with human rights arguments. It is essential listening for landlords, tenants and advisers navigating lease renewals under the 1954 Act and to understand why this case continues to shape ground (g) disputes.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  40. 115

    The Case That Jumped the Queue: Brown v Ridley

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to unpack the Supreme Court’s landmark decision in Brown v Ridley [2025].The discussion explains why this boundary dispute leapfrogged directly to the Supreme Court and why the decision matters for adverse possession claims involving registered land. Lizzie and Richard break down the legal background to boundary disputes and clarify how the Supreme Court interpreted the 10-year possession requirement under the Land Registration Act 2002.This episode is essential listening for landowners, developers, surveyors and advisers dealing with boundary uncertainty and adverse possession risk. It provides clear guidance on when the clock starts running, how possession is assessed, and why Brown v Ridley is a game-changing decision for future boundary claims.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  41. 114

    Leasehold Reform Has Arrived, Now What? Leasehold and Freehold Reform Act 2024

    In this episode, Richard Snape, Head of Legal Training at Davitt Jones Bould, joins host Lizzie Collin to unpack the development of the Leasehold and Freehold Reform Act 2024.Richard explains the background to the Act, why it was introduced, and what has been happening since it received Royal Assent. Notably, this was the final piece of legislation to pass before the general election, progressing through the House of Lords in just 11 minutes, a remarkably swift passage for such a significant reform.The discussion focuses on the implications for leaseholders and freeholders, including how the reforms affect lease extensions, enfranchisement rights and the calculation of costs. Richard also answers common questions on pricing and process, helping listeners understand what the reforms mean in practice as the detail continues to develop.This episode is essential listening for leaseholders, landlords, developers and advisers looking to understand how leasehold reform is unfolding and why the speed of its passage may shape how the legislation is interpreted and implemented going forward.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  42. 113

    Commercial Leases: Your Questions Answered

    In this episode, Richard Snape, Head of Legal Training at Davitt Jones Bould, joins host Lizzie Collin to answer audience questions raised during our webinar on commercial leases.The discussion tackles some of the most pressing issues facing the commercial property sector, including high street rental auctions, the respective responsibilities of landlords and local authorities, and how enforcement standards are being applied in practice. Richard provides clear insight into where legal risk is arising and how professionals should be responding.This episode is essential listening for landlords, tenants, surveyors and advisers dealing with commercial leasing, enforcement action and high street assets. It offers answers to real questions and highlights what property professionals need to be alive to in the current market.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  43. 112

    Trouble in Paradise: Ramsbury Properties v Ocean View Construction

    In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to unpack Ramsbury Properties Ltd v Ocean View Construction Ltd [2024], a decision that examines the limits of landlord enforcement where lease terms are breached.The case raises fundamental questions about:What actually constitutes a breach serious enough to justify termination.How strictly lease terms will be enforced by the court.The risks landlords face.The steps tenants can take to protect their position.Richard explains how the court approached the dispute, what it tells us about the balance between contractual certainty and commercial reality.For landlords, it’s a reminder that enforcement powers are not unlimited.For tenants, it highlights where the law offers protection, and where it does not.If you work in commercial property, this is a case worth understanding. Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  44. 111

    *NEWSFLASH* Restaurant EC3 Limited v Tavor Holdings

     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 Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  45. 110

    Right to Buy: Changes, Challenges, and the Future

    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 #RightToBuyGet in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  46. 109

    High Street Rental Auctions: Understanding the New Regulations

     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. Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  47. 108

    Q&A on The Landlord and Tenant Act 1954: Grounds of Opposition and Renewal Terms

     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. Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  48. 107

    Proposed Reform to the Landlord and Tenant Act 1954

    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 #ReformGet in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  49. 106

    Finders Keepers? Clapham v Narga

    In this Newsflash episode, Richard Snape joins host Lizzie Collin to analyse the Court of Appeal decision in Clapham v Narga [2024], an adverse possession case attracting significant attention.Richard explores the background to the dispute and explains how the courts approached the competing claims to the land. The discussion also revisits the principles underpinning adverse possession, including the concepts of factual possession and intention to possess, and how these operate in practice.The episode considers what the Court of Appeal’s reasoning tells us about the modern approach to adverse possession and why the decision is likely to be widely cited in future disputes.For property professionals, the case provides a useful reminder of how long occupation, and the surrounding circumstances can influence whether possession ultimately becomes ownership.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

  50. 105

    *NEWSFLASH* Smoke House and Curing House, 18 Remus Road, London, E32NF

    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. Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!

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ABOUT THIS SHOW

Davitt Jones Bould presents Unpacking the Case, the podcast where we get the much-needed detail behind the cases shaping real estate law. With episodes every other week, be sure to join Richard Snape, our Head of Legal Training, for the latest insights. Want to know more? DJB covers the full spectrum of real estate issues from commercial property to planning, real estate finance, property litigation, construction, agriculture and other related areas.https://www.djblaw.co.uk/   https://www.linkedin.com/company/davitt-jones-bould  #realestatelaw #propertylitigation #commercialproperty #law #legal

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Davitt Jones Bould

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