Header graphic for print
Keeping It Real Estate News and Trends in UK Real Estate, Disputes and Planning Law

Category Archives: Real Estate

Subscribe to Real Estate RSS Feed
Posted in Real Estate, Real Estate News, Uncategorised

What is the “Staircase Tax”?

There has been a lot of comment in recent weeks about the so-called “staircase tax” and its impact on small businesses, especially focussing on its retroactive effect and the fact that business occupiers are having to pay tax for previous years that wasn’t demanded from them.  At first blush, this all sounds very unlike the

Posted in Real Estate

RPI and SDLT – the silver lining of a flawed measure of inflation

With the Retail Prices Index back in the news again after rail commuters were hit by the biggest annual increase in fares for five years, the debate has resurfaced about whether it is time for the RPI to “RIP”.  The Office for National Statistics has reiterated its assertion that the index is a “flawed” measure

Posted in Real Estate

Waiving not an option in offer-back case

Offer-back clauses in leases are sometimes used to give the landlord greater control over the identity of the tenant at a property. However, the mechanism of operating an offer-back clause can be problematic as demonstrated by a very recent case: (1) TCG Pubs Limited (in Administration) (“TCG”) and (2) the Administrators of TCG Pubs Limited

Posted in Real Estate

Rights of Light – A new dawn?

On 25 October 2016, the Hogan Lovells Real Estate team hosted a panel debate: Rights of Light – A New Dawn? The panel of industry specialists debated topical issues including: (a) the likelihood of adjoining owners obtaining an injunction to prevent interference with rights of light; (b) whether recent developments in case law mean that developers need

Posted in Real Estate

What does it take to be a global city?

Hogan Lovells hosted the Reading Real Estate Foundation Breakfast Forum (RREF) on 22 March. RREF is a registered charity that provides support for real estate and planning education at the University of Reading. The event featured presentations by: Kathy Pain, Professor of Real Estate & Planning and Director of Research at the Henley Business School

Posted in Real Estate

Anarchy in the UK – Disruption and Innovation in the Hotel Industry

The annual Hogan Lovells CBRE Hotel Conference It’s good to share – that was the message from Alex Stephany, former CEO of JustPark, who was the keynote speaker at our conference this morning, interviewed by Jonathan Langston, COO of CBRE Hotels. And it’s not just AirBnB. All hotels hold assets with “idling capacity” which can

Posted in Real Estate

Demystifying the “Without prejudice” label

The ability to make an offer to settle a dispute, without that offer coming to the attention of the court or (as the case may be) an arbitrator, is a vital tool in the dispute resolution armoury.  However, both practical experience and the case law teach us that the term can be misapplied, without proper

Posted in Real Estate

Reasonable doubt when applying for landlord’s consent

Do landlords have to act reasonably when dealing with a tenant’s application for consent?  This is a surprisingly tricky question.  The starting point is always what the lease says about the landlord’s obligations if the tenant seeks permission e.g. to –assign, underlet or carry out alterations.  However, the lease is not the complete picture as

Posted in Real Estate

Move along squatters, investors in residential property also need legislative reform

After press reports of police up and down the country taking action to remove squatters from residential accommodation, perhaps the government should now turn its attention to the legislative pitfalls awaiting potential investors in this sector? The Leasehold Reform, Housing and Urban Development Act 1993 offers rights to those who own leases of residential flats

Posted in Real Estate

Legal A-Z: “E” is for EPC

Q. I own a commercial building that has just become vacant.  I would like to rent it out again, and my agent has asked me for my EPC.  What is it and do I need one? An Energy Performance Certificate (“EPC”) certifies the energy efficiency of your building, and must be prepared by an accredited

Posted in Real Estate

Insolvency can forfeit the right to forfeit

You’re a landlord. A business tenant goes bust. Getting them out and getting the lease back may not be as easy as you think. It can be especially complex (and galling) where your tenant is succeeded by a new business with the same management, the same name and the same suppliers, still in your premises.

Posted in Real Estate, Real Estate News

Trading on empty – retail vacancy figures

It’s the fifth year of the downturn and still we are casting around for good news.  It was in short supply last week when the Local Data Company (LDC) launched their shop vacancy report at the Seventh LDC Retail Summit 2013, held at Hogan Lovells’ offices.  The event was marked by a panel debate including

Posted in Real Estate

EPCs: To display or not to display, that is the question!

Remember last week we blogged about the new requirement to state the EPC asset rating in commercial advertising for sales and lettings?  Well, the story doesn’t end there.  Another key change arising from the new EPC Regulations is that an EPC must now be displayed in commercial buildings that are frequently visited by the public

Posted in Real Estate

Legal A-Z: “D” is for Dilapidations

My lease ended six months ago. About two months ago, the landlord served a terminal schedule of dilapidations. Am I out of time to respond? Not as such. You may be thinking of the Dilapidations Protocol which formally became part of the Civil Procedure Rules on 1 January 2012. It is officially titled the “Pre-action

Posted in Real Estate

It’s as easy as EPC? New Regs on Marketing particulars

Cast your mind back to October 2011.  You may well remember a subtle change in the law which had pretty far-reaching consequences.  Agents could no longer lawfully issue written particulars that did not include an EPC within them.  Granted, this was already the case for residential properties, but the extension to commercial meant that suddenly,

Posted in Real Estate

Law Commission suggest re-writing the law on rights of way

Dellah Gilbert reports on a seminar given to Hogan Lovells by Professor Elizabeth Cooke of the Law Commission on 30 January 2013 On 8 June 2011, the Law Commission published its recommendations and draft legislation to overhaul some fundamental aspects of English property law including the law on rights over neighbouring property (easements), such as rights

Posted in Real Estate

Highlights from the Annual Occupiers’ Conference 2013

Please find below a summary video containing highlights from the Annual Occupiers’ Conference (read our summary here) which we co-hosted with Cushman & Wakefield on Wednesday 23 January. The prestigious panel of speakers included Andrew Neil, broadcaster, former editor of the Sunday Times and Economist and previous Chairman of Sky; Richard Reed, the dynamic entrepreneur

Posted in Real Estate

Legal A – Z: “C” is for Consent

Q) I have received an application from my tenant to assign its lease, but the tenant has not provided enough information on the proposed tenant’s financial position for me to decide the matter. Can I simply refuse consent? A) Yes. If your lease prohibits assignment “without the consent of the landlord not to be unreasonably

Posted in Real Estate

Court clarifies time limits to appeal Party Wall awards

The law currently enshrined in The Party Walls etc Act 1996 has evolved over a period of centuries.  As I found to my disappointment when preparing to talk to The Pyramus & Thisbe Club (www.partywalls.org.uk/) on the topic of “recent developments”, the case law has similarly developed at a snail’s pace.  The Act has often

Posted in Real Estate

Legal A – Z: ‘B’ is for break clause

Q) How does the timing of a break clause coincide with a rent review? A: The general presumption is that time is not of the essence for working through the machinery of a rent review clause. However, as strong a presumption as that may be, it may be rebutted if there are clear indications to

Posted in Real Estate

When is a lease not a lease but really a licence?

It’s an old question, but one that crops up regularly.  The most recent example to pass across this blogger’s desk was in relation to a statutory residential leasehold extension.  In that case, a licence had been granted “exclusively” to use two car parking spaces as ancillary to a long lease of a flat. The question

Posted in Real Estate

Auction sales under the hammer from identity fraud

Selling property at auction can, at times, seem an attractive, quick-fire solution for over-burdened sellers whilst offering potentially ripe pickings for bargain-hunters. Neither scenario is without its risk as the very nature of property auctions can offer loopholes for identity fraudsters and money launderers. In July of this year auctioneers had to pay out damages

Posted in Real Estate

Legal A-Z: “A” – Access to Neighbouring Land

Q: Can I enter onto my neighbour’s land to repair my boundary wall? A:  A property owner may be liable for trespass if he ventures onto his neighbour’s land without permission, licence, or a contractual or statutory right.  A building owner wanting to build or repair a wall on or near the boundary, or to

Posted in Case Updates, Planning, Real Estate, Real Estate News

Keeping It Real Estate: News and trends in UK real estate, disputes and planning law

“Keeping It Real Estate” has been created by Hogan Lovells’ UK Real Estate group.  It brings together the expertise of over 75 partners and associates covering all aspects of transactional, disputes and planning in the UK market.  The diversity of our work for landlords, corporate occupiers, banks, developers, retailers and local authorities, to name but a