Advertise on podcast: Falcon Chambers

On 8th July, the Court of Appeal handed down its decisions in the two Building Safety Act cases of Triathlon Homes LLP v SVDP & Othrs [2025] EWCA Civ 846 and Adriatic v Long Leaseholders of Hippersley Point [2025] EWCA Civ 856.  In this episode, Cecily Crampin interviews Richard Miller about his involvement in the linked appeals; his views on significant elements of the judgments; and the potential impact on the wider building safety landscape.

Today, 19 November 2024, the Law Commission published its Consultation Paper on reform of Part 2 of the Landlord and Tenant Act 1954. The Consultation Paper titled, “Business Tenancies: the right to renew” aims to ensure that the Act works for today’s commercial leasehold market. Falcon Chambers specialises in this area, and in this podcast episode five of our barristers, Guy Fetherstonhaugh KC, Stephanie Tozer KC, Adam Rosenthal KC, Emily Windsor and Daniel Black, who have been studying the Paper, outline the principal topics of interest to Solicitors, to Surveyors, and to parties in the market. 

Wednesday 4 September saw the publication of the Grenfell Inquiry’s report. That is another step in the process of inquiry, and potential prosecutions, all part of steps to understand what happened in that awful 2017 fire. Falcon Chambers barristers have seen another flight of those steps, legislative steps to try and reduce the prospects of such a fire in existing blocks and relieving some leaseholders of the burden of paying for cladding remediation: the effect of the Building Safety Act 2022. In the latest episode of the Falcon Chambers podcast, Catherine Taskis KC, Joseph Ollech and Cecily Crampin review where we are now, in relation to litigation under that Building Safety Act 2022.

Stephen Jourdan KC and Edward Blakeney discuss potential problems with the Leasehold and Freehold Reform Act 2024. The Act (LAFRA) was given Royal Assent on the 24th of May 2024 in what is known as "wash up". This is when Bills are rushed through Parliament on the last day before Parliament is prorogued.

Join Stephanie Tozer KC, Cecily Crampin and Tricia Hemans as they discuss some of the changes to the law and practice of receivership which they cover in the new edition of their book Mortgage Receivership: Law and Practice.   The book is available for pre-order: https://www.wildy.com/isbn/9780854902996/mortgage-receivership-law-and-practice-2nd-ed-wildy-simmonds-and-hill-publishing

In the latest instalment of the Falcon Chambers' property law podcast, Martin Dray and Tamsin Cox take you on engaging journey as they examine how the law regarding the excessive use of easements works.  On the way they trace the legal developments, refer to the central cases, identify the governing principles and offer practical tips and suggestions for all those advancing or defending claims of excessive use.

Guy Fetherstonhaugh KC and Michael Ranson discuss the MEES regime in the context of rent review.  Whilst the MEES regime has now been around for a number of years and practitioners will be familiar with the constraints that it places on the letting of ‘substandard’ property, the ramifications of this regime on commercial rent reviews is yet to be fully felt.   This podcast explores various ways, many of which appear unforeseen both to parliament and property practitioners, in which MEES is likely to affect the application of familiar rent review assumptions and disregards. 

Lease renewal and termination claims under the Landlord and Tenant Act 1954 Act are very commonly settled, often shortly before trial. This is perhaps no surprise in the context of what is usually a dispute between two professionally advised commercial parties, in which the main point in dispute is often rent. Avoiding the cost and risk of trial will often suit both parties. However, settling 1954 Act proceedings can present traps for the unwary. There are various technicalities to be considered.  Two Falcon Chambers barristers, Wayne Clark and Toby Boncey, discuss some issues that parties should consider before entering into a 1954 Act settlement agreement.

Early this year we saw the first, and only as yet reported, “remediation contribution order” (“RCO”) decision: the much discussed Batish v Inspired Sutton. Despite the lack of other final decisions, there is insight to be had about how RCOs and ROs appear to be working in the Tribunals, at least from a procedural point of view. Cecily discusses what practitioners can expect, and issues to look out for.

The Product Security and Telecommunications Infrastructure Act 2022 was granted Royal Assent on December 6 2022. In this episode of the Falcon Chambers podcast, four Falcon Chambers barristers take a closer look at the legislation. Oliver Radley-Gardner KC, Camilla Chorfi, Fern Schofield and Michael Ranson highlight how the new legislation may affect both operators and site providers.  Please subscribe to the podcast and rate it. If you have any suggestions for future topics, please send them to [email protected]

Stephen Jourdan QC and Cecily Crampin discuss the recent High Court decision Shah v Power & Kyson [2022] EWHC 209 (QB) and its ramifications.

Cecily Crampin and Tricia Hemans of Falcon Chambers discuss the following cases: Serene v Salata  [ 2021] EWHC 2433 (Ch): receivers’ duties not breached Taga v Waterfold Asset Managements [2021] EWHC 1823: interim injunction to restrain receiver sale refused Houssein v London Credit Ltd [2021] EWHC 1417 (Ch): interim injunction to restrain sale succeeded Buwule v MT Finance Ltd [2021] 4 WLUK 149: injunction to restrain sale refused Morley v RBS [2021] EWCA Civ 338: receivers not lender decides when to sell etc Hurstwood Properties (A) Ltd v Rossendale BC [2021] SC 16: a case about possession for rates which might inform when receiver is an occupier for rates purposes Battacharya v Oaksix [2021] EWHC 1326 Ch: limitation period for s26 and s28 FSMA 2000. 

In the fourth of the Falcon Chambers Podcast series, Janet Bignell QC and Martin Dray follow up their 23 June Turnover Rents podcast with 14 top tips for those advising landlords

 

In the second of the Falcon Chambers Podcast series, Janet Bignell QC and Martin Dray discuss Turnover Rents: new lettings and the LTA 1954 Part II.