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Category Archives: Real Estate News

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Tenant insolvency – Is there merit in a further moratorium?

The recent spate of high-profile company voluntary arrangements (CVAs), including those of BHS, Store 21 and more recently Love Coffee, The Food Retailer Group and Blue Inc, has placed this corporate rescue tool back in the spotlight. CVAs can be a useful mechanism for turning around a failing business, but it is clear that they

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Terrorist Attacks: The importance of adequate security measures at hotels

Hotels are targets for terrorists due to the likely presence of foreign tourists and the consequent possibility of impacting multiple nations with one attack. We blogged http://www.ukrealestatelawblog.com/2017/02/24/revolution-or-evolution-protect-survive/ a few weeks ago about Richard Walton’s keynote speech to the Hogan Lovells CBRE 2017 Hotel Conference.  Richard, a former Head of the Met’s Counter Terrorism Command at New

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Business rates revaluation 2017: an explanation

On 1 April 2017 the business rates payable in respect of properties in England and Wales will be changing. Business rates are the tax that businesses pay on the retail, office and industrial premises that they occupy.  The total tax payable by an occupier is based on the rateable value for the premises combined with

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Quit (Illicit) Smoking – new proposals will affect landlords

Landlords could potentially find themselves hit with new lease requirements, periodic checking obligations and even financial penalties following the publication of the ‘Sanctions to tackle tobacco duty evasion and other excise duty evasion’ consultation document by HM Revenue & Customs. The context The government is committed to tackle evasion of tobacco duty and the illicit

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Revolution or Evolution – Protect & Survive

The annual Hogan Lovells CBRE Hotel Conference 2017 The threat from terrorism will continue well into the next decade and every country and major organisation needs a counter-terrorism plan. This was the message from Richard Walton our key note speaker and former commander at New Scotland Yard and Head of the Counter Terrorism Command.  The

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The Construction Industry Scheme: Change in the air?

What does real estate investment have to do with the problem of tax evasion made possible by cash-in-hand payments in the building industry?  Very little, one might suspect, but that has not prevented real estate investors becoming the unintended casualty of a withholding tax introduced in the 1970s to target tax fraud among builders.  A

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New Law on Revenge Evictions Goes Cold

The BBC reported this week that fewer than half of the local authorities in England have been called upon to prevent so-called “revenge evictions” since new laws came into force on 1 October 2015. The headline implies that councils might be failing to exercise new statutory powers intended to protect assured shorthold tenants from unscrupulous

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Falling Foul of Flying Freeholds

A mental image of a building sprouting wings and taking to the sky is one way to picture a flying freehold, but mention the phrase to most property lawyers and their hearts will sink. Discovering a flying freehold raises alarm bells because, without appropriate reciprocal rights between adjoining owners, they can leave both owners exposed.

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Don’t sweep CIS under the carpet

Many a switched-on landlord will already be familiar with the perils of the Construction Industry Scheme. The Scheme, designed rather like PAYE to place the burden of tax collection on those employing building contractors, casts its net sufficiently wide that contributions made by landlords to the cost of works carried out by tenants will often

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Top Hats and Baseball Caps: Old vs New Estates in the Battle for London

Hogan Lovells hosted the Reading Real Estate Foundation Breakfast Forum (RREF) on 8 December 2016. RREF is a registered charity that provides support for real estate and planning education at the University of Reading. The event featured presentations by: • Alison Nimmo, Chief Executive at The Crown Estate; • Craig McWilliam, Chief Executive at Grosvenor Britain &

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Real estate: the “go to” source of tax revenue?

The UK government continues to use the real estate sector as its “go to” source of tax revenue. Following the extension of corporation tax to non-residents trading in UK land in July this year, we now have the proposal announced in the Autumn Statement, to bring non-resident landlords into the charge to corporation tax (rather

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Residential Landlords: Don’t Fall Foul of Right to Rent!

What do residential landlords need to know about before renting out their property? One thing that every landlord should be aware of is the “Right to Rent” regime which we blogged about earlier this year. In basic terms, the regime requires landlords to carry out checks to ensure that they are not renting their property

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UK Bribery Act – keeping to the rules

Anyone who thought that the Bribery Act 2011 might not impact real estate should pause for thought. Whilst most companies have put strict policies in place to govern corporate entertaining, recent events show that property companies must carefully govern procurement and tendering processes. According to Crispin Rapinet, head of our Global Investigations, White Collar and

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Cyber security and real estate – the time is now

The UK is one of the world’s most advanced digital economies, with 12.5% of our economy activity now conducted online – a figure that will only increase.  Consequently UK businesses are particularly vulnerable to hacking, cyber-crime and cyber-terrorism. Indeed, last year a government survey estimated that 90% of large corporations and 74% of small businesses

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Estates Gazette Global Investor Guide now available

Please click here to open the latest edition of the Global Investor Guide by Estates Gazette, which is a Hogan Lovells supported publication and includes a number of articles from our lawyers.    For more information about Brexit, please click here to open our dedicated Brexit Hub.  

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Business rates – VOA guidance published

In 2015, the Supreme Court held that an occupier of separate floors in an office block which were not contiguous (sharing a common border) or interconnected, and could only be accessed via common parts, were separate units or “hereditaments” for ratings purposes. Previously the Valuation Office Agency had suggested that the tenant at the top

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A Game of Drones

The use of drones in the UK is rapidly increasing. Construction companies use drones to survey sites, local authorities use them to assist with planning applications and the retail sector will no doubt be revolutionised by aerial delivery. There is even a suggestion that drone visits will replace site viewings by 2025. Operators must be

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Hogan Lovells wins Real Estate Legal Team of the Year at the EG Awards!

We are delighted to have won the inaugural Real Estate Legal Team of the Year category at the 2016 Estates Gazette Awards! We were recognised for our work across the full spectrum of real estate, including development, investment, planning, and disputes.  A panel of leading real estate industry judges praised our work on headline-grabbing deals

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SDLT filing: faster & easier or an even greater headache?

HMRC has issued a consultation on various proposed changes to the filing and payment process – in particular a reduction in the time limit for filing and payment from 30 days to 14 days.  However, the introductory blurb suggests that the government has already decided to make this reduction, having announced it in the Autumn

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Would you sell your own grandfather?

The dust has largely settled since the shock rise in SDLT rates on commercial property transactions announced in the Budget on 16 March.    However, the SDLT changes still possess the power to trap the unwary – especially those who sought to avoid the increases by rushing transactions through before the Chancellor’s midnight deadline. When HMRC

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Conveniences can be inconvenient

The right for trans people to use the toilets of their choice is a politically and socially charged issue which currently features prominently in the media both in the UK and overseas. The recent decision from the Jersey Employment and Discrimination Tribunal in Ms E Blisson v. Condor Limited highlights the typical fact pattern which