Unpacking the Case - Real Estate Law Podcast

Hosted by Davitt Jones Bould

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Episodes

159

Latest episode

Jun 2026

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EN-GB

About the 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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60 recent

June 3, 20269 min

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!

May 26, 20269 min

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!

May 26, 202611 min

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!

May 22, 202617 min

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!

May 18, 202614 min

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!

May 14, 202612 min

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!

May 8, 202613 min

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!

April 17, 202626 min

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 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!

April 17, 20269 min

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 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!

April 10, 202623 min

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 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!