Briefcase 2023 Quarter 3: Key Real Estate Cases and updates

Vodafone Ltd v Potting Shed Bar & Gardens Ltd (formerly Gencomp (No. 7) Ltd) & AP Wireless II (UK) Ltd

Court of Appeal closes a worrying loophole in the Telecoms Code (or has it?)

The Court of Appeal overturned the Upper Tribunal, adopting a purposive approach to Telecoms Code construction in the context of a concurrent leasehold interest.

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Great Jackson St Estates Ltd v Manchester City Council

Upper Tribunal refuses to modify restrictive covenants to permit development

The Upper Tribunal considered an application to modify restrictive covenants that prevented a residential development without landlord’s consent.

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BMW (UK) Ltd v K Group Holdings Ltd

Owner occupation break clause and rent on the agenda in a 1954 act lease renewal

BMW applied to renew the leases of its flagship showroom premises at 70 Park Lane in London. The two key issues in dispute were (1) whether the new lease of the central unit should contain a landlord’s break right and (2) the level of rent payable.

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John E. Griggs & Sons Limited v High Firs Penthouses Limited

Left out in the cold - freezing injunctions are not to be granted lightly

Even armed with judgment in their favour, Claimants should not assume that freezing injunctions will be granted if the evidence does not meet the key tests of (1) dissipation risk and (2) a just and convenient outcome.

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Waite and Others v Kedai Limited

Tribunal grants first Building Safety Act Remediation Order

To secure a Remediation Order under the Building Safety Act 2022, tenants of relevant buildings need only establish a “coherent initial case” that there are relevant defects causing a building safety risk to enable the Tribunal to then consider, by reference to all the evidence, whether to make a Remediation Order and its terms.

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