Charles Russell Speechlys Podcast Channel

Property Patter: Mythbusters

Common misconceptions around property disputes 

To ease you gently into the summer, the Real Estate Disputes Team takes a look at some common myths or misunderstandings when it comes to property. For example, what’s wrong with a landlord changing the locks on a defaulting residential tenant and why is it that an email alone may not be enough to terminate a tenancy?  

Property Patter: Reasonable Endeavours

In this episode of Property Patter, Samuel Lear is joined by Julie Sharpe and Celine Jones in the Real Estate team to discuss the thorny issue of ‘reasonable endeavours’ to supplement their recent article - Top 10 Tips: Using Best, All and Reasonable Endeavours. Endeavours clauses are used in contracts when a party is obliged to try to fulfil an obligation rather than satisfy it absolutely.  Following a recent landmark case, we discuss the differing degrees of effort required depending on the wording used. What does it mean to use ‘best’, ‘all’ or ‘reasonable’ endeavours?

Property Patter: what’s been happening in the world of Essential Residential?

Members of our Real Estate Disputes Team discuss recent cases of interest to those dealing with residential property, including on service charge demands, statutory consultations and RTMs.  We also review some of the significant changes which the government has in mind for residential tenancies, as well as the recent introduction of the Leasehold Reform (Ground Rent) Act 2022.

Cases covered include:

• Aviva Investors Ground Rent GP Limited & Anr v Williams and Ors
• Kensquare Limited v Boakye
• Aster Communities v Chapman
• No. 1 West India Quay (Residential) Limited v East Tower Apartments Limited
• Wynne v. Yates & Anr.
• Firstport Property Services Ltd v Settlers Court RTM Company Limited

Property Patter: Spring Budget 2022

Emma Humphreys is joined again by Harman Bains from our Tax Team to look at the Chancellor's recent Spring Statement and the key points which those with property interests will want to know about - whether as property owners, employers or as private individuals who will be affected by some of the changes.

For further information on the Spring Budget, please head to: Spring Statement: Act now before it's too late

Property Patter: the new arbitration system for covid rent arrears

The Commercial Rent (Coronavirus) Act received Royal Assent on 24 March 2022.  This Act introduces a new arbitration process to resolve certain outstanding commercial rent arrears related to the pandemic. But how will the process work and how can landlords and tenants prepare for it?  Natalie Deuchar, Hope Wilson and Emma Humphreys explore the new scheme.

Please note: This podcast was recorded shortly before the Act received Royal Assent.  No significant details were changed, but there is now a list of approved arbitrators available here.

Further information can be found at:

• The government’s Commercial Rent (Coronavirus) Bill and revised Code of Practice | Charles Russell Speechlys
• New law to resolve remaining Covid-19 commercial rent debts now in place

Property Patter: Avoiding the AST paperwork traps

Many landlords have struggled to keep up with the pace of rule changes relating to Assured Shorthold Tenancies (ASTs), and in particular the paperwork which must be provided to tenants when the tenancy is granted.

Emma Preece is joined by Hannah Turner and Laura Bushaway of our Real Estate Disputes Team to discuss the paperwork required and the implications of non-compliance, especially when it comes to regaining possession of the property in the future.

Property Patter: how does lease disclaimer work?

A lease can be disclaimed in certain insolvency situations, but how does this route work and what is its effect on other parties such as subtenants and guarantors? Emma Humphreys is joined by Megan Davies and Joseph Green of our Real Estate Disputes team to discuss these issues and how landlords can push for disclaimer in order to be able to regain control of premises.

Property Patter: 20 years of the Dilapidations Protocol – how is it working?

Emma Humphreys is joined by Sara Lewis of Savills and Richard Grove of Calfordseaden to discuss how the Dilapidations Protocol is faring twenty years after it was first introduced.  

Do the suggested timetables work in practice, are surveyors providing the required endorsements and what are some of the difficulties with section 18 valuations?  As experienced dilapidations surveyors, Sara and Richard share their helpful and practical insights into some of the issues they face in preparing and negotiating claims.

Property Patter: What can the property world expect from Parliament and the courts in 2022?

In our first episode of Property Patter for 2022, Emma Humphreys and Laura Bushaway are joined by Guy Fetherstonhaugh QC and Michael Ranson of Falcon Chambers to look at what’s ahead in the world of property law during this year – including Parliament’s plans for addressing outstanding covid arrears, expert evidence in pandemic lease renewals and some thorny issues to be examined when it comes to residential service charges.  We also consider how cases on the Electronic Communications Code are evolving and whether the upcoming Supreme Court appeals might lead to less litigation going forward.  

 

Additional resources:

• Bank of New York Mellon (International) Ltd v. Cine-UK Ltd [2021] EWHC 1013 – Appeal to the Court of Appeal in February 2022
• London Trocadero (2015) LLP v. Picturehouse Cinemas Ltd [2021] EWHC 3103 – Appeal to the Court of Appeal in February 2022
• Saville-Edells and Saville-Edells v. Jain (Unreported, County Court at Central London sitting in the FTT, 15 December 2021)
• Pollock v. St Joseph’s Gate Management Company – to be heard by the FTT during 2022
• Aviva Investors Ground Rent GP Ltd v. Williams [2021] EWCA Civ 27
• Alberti v. Cadogan Holdings Limited [2021] UKUT 85 – Appeal to the Court of Appeal in February 2022
• Cornerstone Telecommunications Infrastructure Ltd v. Compton Beauchamp Estates Ltd [2019] EWCA Civ 1755 – Cojoined appeal to the Supreme Court in February 2022
• Cornerstone Telecommunications Infrastructure Ltd v. Ashloch Ltd & Anr [2021] EWCA Civ 90 - Cojoined appeal to the Supreme Court in February 2022
• Arqiva Services Ltd v. AP Wireless II (UK) Ltd [2020] UKUT 195 - Cojoined appeal to the Supreme Court in February 2022
• See The government’s Commercial Rent (Coronavirus) Bill and revised Code of Practice | Charles Russell Speechlys for details of the Commercial Rent (Coronavirus) Bill
• Property Patter Podcast: top tips and traps for expert evidence

Philanthropy insights – A discussion with John Pepin and Rennie Hoare of Philanthropy Impact

Charles Russell Speechlys is delighted to be a corporate member of Philanthropy Impact, a not for profit organisation set up to work with advisers, philanthropists, charities and governments to develop greater expertise, awareness and impact in philanthropic action. 

Sarah Rowley is joined by John Pepin CEO of Philanthropy Impact and Rennie Hoare, Chair of Philanthropy Impact and Partner and Head of Philanthropy at C. Hoare & Co to discuss the current landscape of philanthropy in the UK and current trends, priorities and concerns amongst philanthropists. 

This podcast was recorded in November 2021 as Glasgow was hosting COP 26.