Unpacking the Case - Real Estate Law Podcast

Davitt Jones Bould

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. 3d ago

    The Building Safety Act Blind Spot: Essendi Hotels v London Property Group

    In this episode of Unpacking the Case, Richard and Lizzie discuss Essendi Hotels UK 2 Limited v London Property Group, a High Court decision examining responsibility for unsafe cladding in a commercial lease. The case concerns a budget hotel near Wembley that was forced to shut its doors after combustible cladding, similar to that involved in the Grenfell Tower tragedy, created serious fire safety concerns. With the Building Safety Act offering no protection because the property was a hotel rather than residential accommodation, the dispute turned on a fundamental question of landlord and tenant law: who was responsible for putting the problem right? Whether you advise on hotels, offices, retail or mixed-use developments, this episode highlights why careful drafting of repair and compliance provisions has never been more important. Relevant cases:  Credit Suisse v Beegas Nominees Ltd [1994] Welsh v Greenwich London Borough Council (2000) 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 djb.events@djblaw.co.uk 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 min

  2. Jun 3

    Behind the Bar: Star Pubs v Gunmakers Arms

    In this episode, Richard and Lizzie unpack the County Court’s decision in Star Pubs Trading Ltd v Gunmakers Arms (Essex) LLP and what it means for landlords, tenants, pub operators, and commercial property lawyers. The court ruled that Star Pubs could successfully oppose lease renewal under Ground G of the Landlord and Tenant Act 1954, despite day-to-day pub operations being carried out by a third-party contractor. Why? Star Pubs still controlled the pricing, branding, contracts, marketing, and overall retail strategy. The business, legally speaking, remained theirs. Richard explore’s what “occupation for your own business” really means in modern commercial leasing, why physical presence is not the deciding factor, and how this case fits alongside authorities including Humber Oil Terminals Trustee Ltd v Associated British Ports, S Frances Ltd v Cavendish Hotel (London) Ltd and Royal Borough of Kensington and Chelsea v Mellcraft. Relevant cases: Humber Oil Terminals Trustee Ltd v Associated British Ports [2012] Cunliffe v Goodman [1951] S Frances Ltd v Cavendish Hotel (London) Ltd [2012] Dellneed Ltd v Chin (1987) Brumwell v Powys County Council [2011] Teesside Indoor Bowls Limited v Stockton-on-Tees Borough Council [1990] Graysim Holdings v P&O Property Holdings [1996] Royal Borough of Kensington and Chelsea v Mellcraft [2024] 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 djb.events@djblaw.co.uk 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 min

  3. May 26

    Have your cake and eat it: Caterpillar Properties v Park Cakes

    In this episode, Richard and Lizzie unpack the Court of Appeal’s remarkably fast-tracked judgment handed down on 13th May, following the original County Court decision on 20th March. The case raises a fascinating and largely untested argument under section 28 of the 1954 Act: can an option to renew amount to an agreement for lease, taking it outside the protection of the Act altogether? Richard discusses the background facts, why the appeal moved through the courts so rapidly, what the Court of Appeal decided, and what landlords, tenants and property lawyers should now be thinking about when drafting and exercising renewal options. For anyone dealing with commercial leases, security of tenure or renewal rights, this is a case worth watching closely. 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 djb.events@djblaw.co.uk 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 min

  4. May 26

    Signal Strength & Security of Tenure: EE v Clock Tower Investments

    Does a telecoms operator need to physically occupy the demised premises for the Landlord and Tenant Act 1954 to apply? According to the Upper Tribunal in EE v Clock Tower Investments Limited [2026] UKUT 163 (LC), the answer may be far more complicated than expected. In this episode, Richard and Lizzie unpack the surprising decision that a telecommunications lease could still benefit from the protection of the 1954 Act even where the operator did not physically occupy the demised ground itself, instead using adjacent roof space through installation and access rights. The case raises important questions around what “occupation for business purposes” really means. Richard discusses: •Why the Upper Tribunal decided the 1954 Act applied •The significance of business occupation under the Act •The difference between physical possession and operational control •The wider implications for landlords, operators and property lawyers. Relevant cases: Land Reclamation Co Ltd v Basildon District Council [1979] Pointon York Group Plc v Ann Doreen Poulton (2006) Re No 1 Albemarle Street [1959] Moody v Steggles (1879) Re Ellenborough Park [1955] Re Salvin’s Indenture [1938] Stenner v Teignbridge DC [2025] AP Wireless II (UK) Ltd v On Tower (UK) Limited [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 djb.events@djblaw.co.uk 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 min

  5. May 22

    Renters’ Rights Act Special

    The Renters’ Rights Act came into force on the 1st May 2026, but major questions remain for property professionals. In this Q&A special, hosts Richard and Lizzie answer the questions our audience are asking, including: whether fixed-term tenancies survive the transition, how the new possession grounds will work in practice, the impact on rent reviews and tribunal challenges, and whether the court system is realistically equipped to cope with the volume of disputes likely to follow. Richard also explores the grey areas already causing concern across the sector, including pets in leasehold flats, mixed-use buildings, Airbnb arrangements, student accommodation exemptions, and whether landlords may respond by increasing asking rents. Alongside legal analysis, the discussion considers the wider market sentiment emerging since the Act came into force, including concerns over supply, investor confidence, and the long-term consequences for the private rented sector. This episode is essential listening for landlords, investors, managing agents, developers, surveyors, and property lawyers navigating one of the most significant reforms to land law in decades. 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 djb.events@djblaw.co.uk 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 min

  6. May 18

    The Fight Over Upwards-Only Rent Reviews

    The English Devolution and Community Empowerment Act has now received Royal Assent, bringing the proposed ban on upwards-only rent reviews one step closer to reality. Although the changes are not expected to come into force until 2027, the legislation is already creating uncertainty across the commercial property market. In this episode, Richard and Lizzie break down what the Act actually says, the key amendments introduced during its rapid passage through Parliament, and the major questions that still remain unanswered.  Richard also explores the implications for landlords, tenants, investors and lawyers, including the retrospective impact on certain renewal options and what this could mean for lease negotiations going forward. A must-listen for commercial property professionals trying to understand one of the most significant proposed shifts in leasing practice for decades. 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 djb.events@djblaw.co.uk 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 min

  7. May 14

    The Barn That Broke the Covenant: Duncan Grossart v Vikki Ames

    Can a restrictive covenant really stop development forever?  In this episode, Richard and Lizzie unpack the Upper Tribunal decision in Duncan Grossart v Vikki Ames [2026] UKUT 139 (LC), a fascinating case involving a Surrey farm, a barn development, and an attempt to remove a restrictive covenant under section 84 of the Law of Property Act 1925. The land had previously been refused planning permission for a substantial residential scheme, but changing circumstances in the surrounding area, including a nearby 132-home development, dramatically shifted the legal landscape. The Tribunal ultimately concluded that the covenant had become obsolete and no longer provided any practical benefit of substantial value to the neighbouring Grade II listed property. Richard explores what this means for developers, landowners, investors and property owners, including: •when restrictive covenants can be discharged or modified;  •how tribunals assess whether a covenant is “obsolete”;  •the interaction between planning change and private land rights;  •the importance of demonstrating practical benefit; and  •why neighbouring owners cannot always rely on historic restrictions to block development.  If you deal with strategic land, regeneration, development risk or contentious property issues, this is a case worth understanding. Relevant cases: Sutton v Baines [2022] UKUT 342 (LC) Fosse Urban Projects Ltd v Whyte & Ors [2023]UKUT 286 (LC)  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 djb.events@djblaw.co.uk 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 min

  8. May 8

    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 djb.events@djblaw.co.uk 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 min
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About

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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