Did you know that prior to 20 March 2019 there wasn’t an automatic legal right for tenants to live in a home fit for human habitation? That is no longer the case following the advent of the Homes (Fitness for Human Habitation) Act 2018. Now, residential rented accommodation must be provided and maintained in a
Monthly Archives: April 2019
Non-UK resident SDLT surcharge: adding 1% and more complexity: Part II
In February we discussed the government’s intention to increase stamp duty land tax for non-UK residents (that post can be accessed here). The proposal is to add 1% to the SDLT charge for non-UK resident buyers of UK residential property. The policy is to ease pressure on UK residents seeking home ownership. HMRC’s public consultation
Health and safety in buildings: the health and safety file
With health and safety in buildings under increasing scrutiny, we look at the legal requirements for health and safety files and provide some top tips for commercial property transactions. Introduced in 1994 and retained under current regulations, the health and safety file is a key document in providing owners and occupiers with information about past
Second time around for RICS consultation on Lease Code
In our blog on 4 April 2018, we encouraged interested parties to input into the RICS consultation on its professional statement, Code for leasing business premises, 1st edition. With the status of a professional statement, the new Code has sufficient weight to deliver a professional punch whereas the current regime is voluntary. Following last year’s
RIP the fixed term residential tenancy?
Landlords will have to provide a good reason to evict residential tenants from now on, the government announced on 15 April, in a proposed major reform of the private rental market. It says it will abolish so called “section 21 evictions”, which currently allow landlords to bring to an end residential tenancies without an underlying
Can a landlord forfeit a long lease?
Hogan Lovells recently represented the landlords in SHB Realisations Limited and GB Europe Management Services Limited v Cribbs Mall Nominee (1) Limited and Cribbs Mall Nominee (2) Limited, a case confirming that it is possible in certain circumstances to forfeit a long lease granted for a substantial premium. Forfeiture Leases invariably include a right for
What happens when a building is built to the wrong size? Confirmation from the Court of Appeal
Earlier this year, we blogged on the High Court decision of Mears Limited v Costplan Services. This case concerned whether an agreement for lease for the development of two blocks of student accommodation could be terminated by the intended tenant, Mears, because a number of rooms had been built outside the agreed size tolerances. The
Netting off – Development and the Environment
There has recently been a great deal of public concern over the putting up of nets in trees and hedgerows on development sites. Some developers do this to prevent birds nesting in trees and hedges they plan to cut down as part of the development. Under the Wildlife and Countryside Act 1981, it is an
Event fees in retirement homes: the next step
More people each year are turning to specialist retirement homes. Typically, a resident will purchase a long lease for a capital sum but these long leases can also require the owner to pay “event fees” when certain events occur. These events will typically include sales, lettings and changes in occupancy of the home and are