Unpacking the Case - Real Estate Law Podcast

In this episode of Unpacking the Case, our head of legal training Richard Snape examines the decision in EE Limited and Hutchison 3G UK Limited v AP Wireless II (UK) Limited, regarding the Electronic Communications Code, the Digital Economy Act 2017 and the Landlord and Tenant Act 1954.
At the heart of the dispute is the question: when telecoms operators occupy land under an agreement, are they tenants with leasehold rights, or merely licensees?
Richard explores how the courts are approaching telecoms agreements following the reforms introduced by the Digital Economy Act.
The discussion considers the consequences for landowners, telecoms operators, investors and property professionals involved in telecoms infrastructure and development sites.
Relevant Cases:
Pretoria Energy Company v Blankney Estates [2022]
Newham LBC v Thomas-Van Staden [2008] 
Brilliant v Michaels [1945]
Swift v MacBean [1942]
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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.
 
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Following our recent webinar giving an update on the Landlord and Tenant Act 1954 and the proposed ban on upwards-only rent reviews (UORR), property professionals sent in questions about what these changes could mean.
In this special Q&A episode, our Head of Legal Training Richard Snape tackles audience questions covering lease renewals, security of tenure, break clauses, section 25 notices, rent review mechanisms, reversionary leases, index-linked reviews, turnover rents and the potential impact of the proposed UORR reforms.
Richard also explores some of the hottest topics in the commercial property market right now, including when the ban may take effect, whether existing arrangements could be affected, how future lease drafting might change and what landlords and tenants should be thinking about as the legislation develops.
Whether you're a landlord, tenant, property developer, investor, surveyor or real estate lawyer, this episode provides insights into one of the most significant proposed changes to commercial leasing in recent years.
Topics covered include:
Landlord and Tenant Act 1954 renewals
Security of tenure
Section 25 notices
Break clauses
Upwards-only rent review reform
Rent review clauses
CPI and RPI reviews
Turnover rents
Reversionary leases
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!

Following one of our most popular property law webinars, we're back with a special Q&A episode tackling your adverse possession questions.
Can mowing land for years prove possession? What's the difference between encroachment and adverse possession? Can someone really acquire land that doesn't belong to them?
In this episode of Unpacking the Case, our Head of Legal Training, Richard Snape, answers real questions submitted by property professionals from across the sector. Covering everything from evidence and Land Registry applications to boundary disputes, highways, common land and landlord and tenant scenarios.
Whether you're a surveyor, developer, asset manager, property lawyer or landowner, this episode will help you navigate one of the most misunderstood areas of property law. 
Topics covered include:
Proving adverse possession
Boundary disputes
Registered and unregistered land
Land Registry applications
Rights of way and public land
Landlord and tenant issues
Defeating adverse possession claims
Practical evidence and strategy
 Relevant cases:
 Dobson v Unsted (2026)
Hood v Southern Land Securities Ltd & Anor [2025]
Relins v Gill [2025]
Clapham v Narga [2024]
Dwyer v The City of Westminster (2014)
Benn v Harding (1993)
George Wimpey & Co. Ltd. v. Sohn [1967]
JA Pye (Oxford) Ltd v Graham [2003]
Thorpe v Frank [2019]
Kirkman v Bradshaw Pub 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!

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 contractual principle of frustration.
The case is the latest in a long line of attempts by tenants to argue that a lease has been frustrated by events outside their control. This time, the dispute arose against the backdrop of post-Grenfell fire safety concerns, with the tenant arguing that the common purpose of the lease had been undermined.
 
Richard explains why frustration rarely succeeds in the context of leases.
 
Whether you're a commercial property lawyer, surveyor, landlord or tenant, this episode explores why frustration remains one of the hardest to establish arguments in real estate law.
 
Relevant cases: 
Taylor v Caldwell (1863)
Cricklewood Property and Investment Trust Ltd v Leighton's Investment Trust Ltd (1945)
National Carriers Ltd v Panalpina (Northern) Ltd [1981]
Canary Wharf v European Medicines Agency [2019]
Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2022]
Krell v Henry [1903]
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!

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!