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Unpacking the Case - Real Estate Law Podcast

Davitt Jones Bould
Landlord and Tenant Act 1954
Restrictive Covenants
Adverse Possession
Building Safety Act
Easements
Park Cakes Limited
Renters' Rights Act
Boundary Disputes
Upper Tribunal
Upwards-Only Rent Reviews
Caterpillar Properties Limited
Section 84 Of the Law Of Property Act 1925
Rule Against Perpetuities
85 Landlord and Tenant Act
Mixed Business Residential
English Devolution and Community Empowerment Bill
Star Pubs Trading Limited
Gunmakers Arms
Caterpillar Property Limited
Village Green

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 litiga... more

PublishesWeeklyEpisodes161Founded4 years ago
Number of ListenersCategory
Business

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Latest Episodes

Can a commercial lease come to an end because an unexpected event has destroyed its purpose?

In this episode of Unpacking the Case, Richard and Lizzie examine Into Nominee 1 Ltd v Study Group UK Ltd, a recent High Court decision that visits the cont... more

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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 We... more

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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 cou... more

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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 s... more

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Hosts

Lizzie
Host of the episode, co-presenter with Richard Snape
Richard Snape
Head of Legal Training, presenter

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#113
United Kingdom/Business

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Your LTA 1954 Questions Answered
Q: A tenant of a large commercial premises wants to rent out individual offices on Tenancies at Will. Should the tenant be issuing leases rather than Tenancies at Will?
Leases are advisable because Tenancies at Will risk falling outside the 1954 Act if arrangements are too formalized or if sub-letting crosses occupation boundaries; in practice, a proper lease provides clearer security and compliance with the Act.
LTA 1954: The Questions Everyone’s Asking
Q: Can planning permission be required for a change of use to occupy for another purpose, or is there a lighter test?
Planning permission is not always required; the test focuses on whether there is a real chance or real prospect of obtaining permission, and the test is about future likelihood rather than current permission status.
LTA 1954: The Questions Everyone’s Asking
Q: What happens with charges like SDLT on renewal and what happens if a tenant holds over?
SDLT on renewal uses the net present rental value, with a standard formula; holding over increases the lease term incrementally, triggering additional SDLT events and annual land transaction reporting obligations.
LTA 1954: The Questions Everyone’s Asking
Q: Does occupation mean that a landlord can be considered occupying the premises, or can occupation be through agents or others?
Occupation is a fact-intensive question where the landlord can be considered in occupation even if not physically present, such as through managing agents or employees; however, ultimate determination depends on the degree of control and actual occupation in the specific case.
LTA 1954: The Questions Everyone’s Asking
Q: If a tenant is opposing a Section 25 notice on ground F or G, what is the timetable for them to make an application to court?
The tenant can apply at any point during the six to twelve months of the Section 25 notice, but if they do not apply within that window, they risk losing the right unless there is an agreed extension with the landlord.

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Frequently Asked Questions About Unpacking the Case

What is Unpacking the Case about and what kind of topics does it cover?

A practical deep-dive into real estate law cases, focusing on property disputes, covenants, leases, and planning. Episodes dissect landmark decisions, analyze how rules like the Landlord and Tenant Act, restrictive covenants, and the rule against perpetuities shape commercial property, development projects, and tenancy outcomes. The hosts blend case chronology with drafting tips and procedural implications, peppering discussions with real-world anecdotes and implications for landlords, tenants, developers, and property lawyers. Notably, the show emphasizes how evolving case law interacts with planning permissions, redevelopment timelines, and reform bills, offering actionable takeaways for practitioners navigating complex property disputes ... more

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1. The Wittering Whitehalls
2. Page 94: The Private Eye Podcast

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Unpacking the Case launched 4 years ago and published 161 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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