Charles Russell Speechlys Podcast Channel

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.

Property Patter: Break Options – The Top 5 Traps

Leases often contain a break clause, allowing either or both parties to achieve early termination. Whilst these clauses often appear straightforward, complying with their requirements can be tricky and the implications of failing to exercise a break option can be costly.  In this podcast, Lauren Fraser discusses our top 5 tips for exercising break options with Richard Flenley and Emma Preece, who also share their experiences of some of the more unusual break situations they have come across.

Sustainable Rural Estate Management – The Penpont Project

In this podcast, Charles Russell Speechlys Partner Christopher Page talks to members of the Hogg family about what managing the Penpont estate in a responsible and sustainable way means to them.

Listen for an insight into the thinking behind the Penpont Project – one of the world’s largest youth-led conservation schemes – and a modern take on the centuries old concept of stewardship.

Property Patter: Just how protected are Rent Act and Assured Tenants?

Landlords of residential property can still come across Rent Act and Assured Tenancies, and can struggle with the difficulties they can cause when it comes to regaining possession. Emma Humphreys and Joseph Green are joined by Richard Granby of Tanfield Chambers to look at how and when can courts be persuaded that tenants are no longer entitled to enjoy the protection of these tenancies.

The cases referred to in this podcast are:

• M Brown Limited v. Bestwick [1951] 1 KB 21
• Tickner v. Hearn [1961] 1 All ER 65
• Richards v. Green [1984] 11 HLR 1
• Moreland Property v. Dhokia [2003] EWCA Civ 1639
• Gofor Investments v. Roberts [1975] 1 WLUK 727

Sustainability Leaders: Colin le Duc, Generation Investment Management

In 2021 we were proud to promote Kerry Stares as our Responsible Business Partner, reflecting how critical responsible business and environmental, social and governance (or ESG) issues are for the success and sustainability of our firm and how critical they are for our clients.

Kerry works with stakeholders across our business to understand and improve our own environmental and social impact as a business. She works with our clients to understand their ESG priorities and to ensure that we are providing them with the right advice and support, both in our traditional role as advisors and as business partners. She also works with our intermediaries and wider networks to explore opportunities for thought leadership and collaboration in the complex and fast moving world of ESG.

Kerry’s conversations are so rich in insights from our clients and intermediaries - many of whom are true sustainability leaders - that we decided to record and share them as a podcast series.

We hope that you enjoy and find them useful – please share your feedback.

The next episode in this series is a conversation with Colin le Duc, founding partner of Generation Investment Management, one of the world’s leading sustainable investment funds. Kerry and Colin discuss all things sustainable investment, including why, in Colin’s view, the commercial case for taking a sustainable approach to business and investment is definitively made, the pressing challenge of greenwashing, the increasing pressure on private companies to demonstrate strong ESG credentials and the future of ESG law and regulation.

Sustainability Leaders: Peter Dickinson, Mitie Group Plc

In 2021 we were proud to promote Kerry Stares as our Responsible Business Partner, reflecting how critical responsible business and environmental, social and governance (or ESG) issues are for the success and sustainability of our firm and how critical they are for our clients.

Kerry works with stakeholders across our business to understand and improve our own environmental and social impact as a business. She works with our clients to understand their ESG priorities and to ensure that we are providing them with the right advice and support, both in our traditional role as advisors and as business partners. She also works with our intermediaries and wider networks to explore opportunities for thought leadership and collaboration in the complex and fast moving world of ESG.

Kerry’s conversations are so rich in insights from our clients and intermediaries - many of whom are true sustainability leaders - that we decided to record and share them as a podcast series.

We hope that you enjoy and find them useful – please share your feedback.

The first episode in the series features Peter Dickinson, General Counsel and Chief of Staff at facilities management and professional services company Mitie Group Plc. Kerry and Peter – a self-confessed ‘sustainability evangelist’ - discuss the value proposition of ESG, the evolution of Mitie’s approach and its increasing expectations of its suppliers, including law firms.