Unpacking the Case - Real Estate Law Podcast

Hosted by Davitt Jones Bould

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Episodes

182

Latest episode

Nov 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. Visit our website: https://www.djblaw.co.uk #realestatelaw #propertylitigation #commercialproperty #law #legal

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60 recent

November 10, 20269 min

It's Not You, It's the Break Clause: Sterling House v International Baccalaureate

Can a landlord stop a tenant from exercising a break clause by arguing they haven't met all the conditions? In this High Court decision, Sterling House Ltd v International Baccalaureate Organisation (UK) Ltd [2026] EWHC 2680 (BP) , the landlord tried just that. The court disagreed, finding that the tenant had successfully exercised its break option and brought the lease to an end. Although the law report runs to just six pages, it offers a useful reminder that break clauses live and die by their wording, and that not every alleged breach or technical issue will prevent a tenant from walking away. In this Newsflash episode, Richard and Lizzie unpack the dispute, the court's reasoning, and the lessons for landlords, tenants and advisers dealing with break conditions. Relevant cases: Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] Avocet Industrial Estates LLP v Merol Ltd [2011] PCE Investors Ltd v Cancer Research UK [2012] 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!

November 3, 202613 min

Maintain it or Explain it: Craigard (Dartford) v Westbury Homes

Today we are unpacking a cautionary tale about the risks of a "run-to-fail" approach to leased property. In Craigard (Dartford) Ltd & Anor v Westbury Homes (Holdings) Ltd ([2026] EWHC 2453 (TCC) , the High Court considered a dilapidations dispute involving an ageing HVAC system that relied on R22 refrigerant, a substance that can no longer legally be used to recharge existing systems. The tenant had adopted a deliberate "run-to-fail" strategy from 2011 onwards, carrying out very limited maintenance and spending just £400 on filters and belts shortly before the lease came to an end. In this Newsflash episode, hosts Richard and Lizzie examine what happens when essential building services are allowed to deteriorate, how the courts approach dilapidations claims involving obsolete equipment, and the lessons for landlords and tenants managing ageing buildings in this day and age. Relevant cases: Ultraworth Ltd v General Accident Fire & Life Assurance Corp Plc [2000] Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd [2013] Culworth Estates Ltd v Society of Licensed Victuallers (1991) 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!

October 27, 202627 min

Renters' Rights Q&A

Leasehold Dwellings Update - Q&A Podcast Part 1: Renters' Rights, possession, tenancies, pets, rent increases and compliance. Following our recent popular Leasehold Dwellings Update webinar, our Head of Legal Training Richard Snape answers your questions we couldn't get to on the day. In Part One, we tackle some of the biggest issues facing landlords, managing agents and property professionals, including tenant notice periods, rent increases, Section 13 notices, pets in rented property, possession rights, tenancy compliance, landlord registration, licensing requirements and the proposed private rented sector database. This episode provides insights into the implications of the Renters' Rights reforms and the rapidly changing private rented sector landscape. Relevant cases: Hammersmith and Fulham LBC v Monk [1992] Patel v Keles [2009] 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!

October 13, 202612 min

Mast Confusion: On Tower UK v AP Wireless

Just when you thought you'd caught up with the latest telecoms mast cases, another one arrives. In yet another On Tower UK v AP Wireless case, the County Court was asked to consider whether a section 26 request under the Landlord and Tenant Act 1954 was valid and how the boundaries of the property in question should be identified. It may be a case about mobile phone masts, but the lessons go much wider. The decision highlights the importance of accurately defining the premises, understanding what exactly is being occupied, and getting statutory notices right. Join hosts Richard and Lizzie to unpack the case. They look at why telecoms disputes continue to generate litigation, why AP Wireless seems to appear in so many of them, and what landlords, tenants and property professionals can learn from the latest chapter in this long-running saga. Relevant cases: EE and H3G v AP Wireless II AP Wireless II v On Tower AP Wireless II v On Tower Wigginton & Milner Ltd v Winster Engineering Ltd [1978] Eastwood v Ashton [1915] Taylor Fashions v Liverpool Victoria Trustees [1982] McGee & McGee v Long Term Reversions (Harrogate) Limited (February 2025, Case No. 2023/0552) 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!

September 29, 202619 min

Buyer Beware: Misrepresentation Q&A

Not So Far As Aware... Or Are You? In this special audience Q&A episode of Unpacking the Case , we're answering your questions about misrepresentation, pre-contract enquiries and avoiding liability in property transactions. Hosts Richard and Lizzie explore the meaning of phrases such as "not aware" and "to the best of the seller's knowledge" , discuss what counts as "reasonable steps" when responding to enquiries, and examine issues ranging from dry rot and neighbour disputes to asbestos reports and building safety. The episode also looks at the challenges faced by sellers with limited knowledge, including trustees, housing associations and probate sellers. Richard discusses CPSE replies, auction conditions, boundary disputes, buyer investigations and the continuing role of caveat emptor in modern transactions. Finally, we tackle some specialist questions on the Building Safety Act, Higher-Risk Buildings Register, septic tanks, and the impact of the Digital Markets, Competition and Consumers Act. Relevant cases: William Sindall plc v Cambridgeshire County Council [1993] 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!

September 22, 202612 min

The Sound of Structural Repairs: MSA Properties v The Drapery Northampton

Quiet enjoyment is one of the most quoted rights in property law, but what happens when a landlord needs vacant possession to carry out urgent structural repairs? In this episode of Unpacking the Case , we explore the High Court decision in MSA Properties Ltd v The Drapery Northampton Ltd [2026] EWHC 1420 (KB), a case that tested the balance between a landlord's repairing obligations and a tenant's right to quiet enjoyment. Following the collapse of a ground floor ceiling, investigations revealed severely rotten floor joists caused by historic water ingress. To complete the necessary repairs, the landlord required occupants of the first-floor flats to move out temporarily. The tenant argued that this interfered with their right to quiet enjoyment and sought compensation for lost rental income. The High Court confirmed that neither a landlord's duty to repair nor a tenant's right to quiet enjoyment automatically takes priority. Instead, the two obligations must be carefully balanced in the circumstances of each case. The court also dismissed the tenant's claim for loss of rent due to a lack of supporting evidence. Join us as we unpack what this judgment means for landlords, tenants, property managers and real estate professionals dealing with repair obligations, access rights and tenant disruption. Relevant cases: Goldmile Properties Ltd v Lechouritis [2003] Century Projects Limited v Almacantar (Centre Point) Limited [2014] Almacantar Centre Point Nominee No.1 Ltd & Ors v Penelope de Valk & Ors [2025] Timothy Taylor Ltd v Mayfair House Corp [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!

September 15, 202614 min

The Court of Appeal Cracks Down on Box Shifting: City of London v 48th Street Holdings

In this newsflash episode hosts Richard and Lizzie discuss the business of tax dodging, something called box shifting which is people moving boxes around empty buildings to avoid paying business rates. Richard Snape examines the Court of Appeal decision in City of London Corporation v 48th Street Holdings Ltd and Principled Offsite Logistics Ltd . The case involves the controversial practice known as "box shifting" , where temporary occupation of an empty property has been used to trigger a new period of empty rates relief. The Court of Appeal was asked to consider whether these arrangements amounted to genuine occupation or a rates avoidance scheme. Is it game over for box shifting? Richard breaks down the facts of the case, explains the court's reasoning and explores what the judgment means for landlords, owners, investors and anyone responsible for managing vacant commercial property. If you own, occupy or advise on commercial real estate, this is a decision you need to understand. Relevant cases: John Laing & Son Ltd v Assessment Committee for Kingswood Assessment Area [1949] R (Makro Properties Ltd) v Nuneaton and Bedworth Borough Council [2012] Sunderland City Council v Stirling Investment Properties LLP [2013] Principled Offsite Logistics Limited v Trafford Council and Others [2018] Hurstwood Properties (A) Ltd and others v Rossendale Borough Council and another [2021] Public Health England v Harlow District Council [2021] Southwark London Borough Council v Ludgate House Ltd [2020] Global 100 Ltd v Jimenez & Ors [2022] Kenya Aid Programme v Sheffield City Council [2013] 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!

September 8, 202610 min

It's Mine, Just Not on Paper Yet: Bennetts Courtyard Limited V Bennetts Courtyard Airspace

Who do you serve notice on when ownership has changed but Land Registry records haven't caught up? In this episode of Unpacking the Case , we explore the High Court's decision in Bennetts Courtyard Limited v Bennetts Courtyard Airspace Limited [2026] EWHC 1119 (Ch) . The case involved a valuable airspace worth around £1.5 million , and an important problem known as the registration gap . This is a common issue as transfers of whole can take around 16-19 weeks for the Land Registry to process. A transfer of the freehold had completed, but the new owner had not yet been registered at HM Land Registry. Millions of applications hit the Land Registry’s system monthly, creating bottlenecks. When leaseholders served a collective enfranchisement notice, they served it on the equitable owner rather than the legally registered proprietor. The High Court confirmed that this was a fatal mistake. This episode highlights the significant consequences that can arise from getting the notice procedure wrong. Richard and Lizzie discuss what the decision means, why the distinction between legal and equitable ownership remains so important, and the steps that parties should take before serving statutory notices. Relevant Cases & Legislation: Pye v Stodday [2016] Leasehold Reform, Housing and Urban Development Act 1993 East Lindsey District Council v Thompson (2001) Brown & Root Technology Ltd v Sun Alliance and London Assurance Co Ltd [1997] Sackville Property Select II (GP) No.1 Ltd & Anor v Robertson Taylor Insurance Brokers Ltd & Anor [2018] Baker v Craggs [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 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!

August 28, 202615 min

Community Rights, Council Land and ACVs: Q&A Episode

Can a community stop a local pub being sold? Will councils face new restrictions when disposing of land? What are the proposed changes to Assets of Community Value (ACVs)? In this Q&A episode of Unpacking the Case , we answer your questions surrounding Assets of Community Value and the disposal of local authority land. Hosts Richard and Lizzie discuss ACVs and what community groups should be watching for as further legislation and guidance develops. Richard also explores the issues that arise when councils dispose of land, including the Crichel Down Rules, open space disposals, selling at an undervalue and the balance between obtaining best value and delivering wider social and environmental benefits. Whether you are a local authority, developer, landowner or community organisation, this episode provides some answers to your questions on this fast-moving area of law. Topics covered: Assets of Community Value (ACVs) Community right to buy Moratorium periods and disposal restrictions Valuation and compensation Crichel Down Rules Local authority land disposals Open space and allotment land Social value and best value considerations 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!

August 25, 202611 min

The Dog-Proof Fence That Ended Up in the Court of Appeal: Todd v Marsh

Where exactly is the boundary between neighbouring properties, and can an informal agreement between neighbours settle the issue? In this episode of Unpacking the Case , we explore Todd v Marsh [2026] EWHC 1701 (Ch), a decision that attracted national attention and provides valuable insight into how boundary disputes are approached by the courts. The case centres around a dog and deer proof fence that was moved by the neighbours. In reaching its decision, the Court considered a range of important authorities spanning more than 250 years, including Penn v Lord Baltimore (1750), Neilson v Poole (1969), Gibson v New (2021), White v Alder (2025) and Bishop v Jacques (2025). Our Head of Legal Training Richard Snape looks at what these cases tell us about informal boundary agreements and certainty of ownership. This episode offers insight into an area of property law where a few inches of land can lead to years of litigation. Relevant Cases: White v Alder [2025] Bishop v Jacques [2025] Penn v Lord Baltimore (1750) Neilson v Poole [1969] Gibson v New [2021] 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!