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Category Archives: Real Estate News

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COVID-19 UK – Flexibility in insurance policies for property managers

COVID-19 UK: Many insurance policies require annual lift servicing and water management system servicing. Is there any flexibility in policies for this sort of thing in exceptional circumstances? Our understanding is that insurers should be flexible around these sorts of requirements (e.g. annual lift servicing or water management system servicing) in property insurance policies given

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COVID-19 UK: Landlord and tenant insurance issues

As the COVID-19 pandemic spreads across the globe, so does uncertainty. Landlords and tenants are facing unprecedented impacts on their businesses, and it is no surprise in this environment that both parties are looking to their insurance for comfort. Business interruption insurance Calling COVID-19 an interruption to business would be something of an understatement, and

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COVID-19 UK: The impact on rent review

It will not have escaped the attention of anyone in the real estate industry that today is the March quarter day. For many landlords and occupiers, the immediate focus will be on rent payments due today and the media are already reporting that large numbers of retailers are expected to withhold rent to ease cashflow

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UK COVID-19: Commercial tenants to be given three months’ protection from forfeiture

Yesterday, as well as locking down the country, the government published critical amendments to the emergency Coronavirus Bill protecting commercial tenants from the risk of forfeiture until the end of June 2020. The Bill, together with these amendments, has now been approved by the House of Commons and is, today, going before the House of

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COVID-19 in the UK: emergency legislation for renters

The government has confirmed it will bring forward emergency legislation to protect residential tenants from eviction. Following the Budget which announced mortgage “holidays” for those who own their homes, the government has been urged to assist private renters impacted by COVID-19. Under the emergency legislation landlords will be unable to start proceedings to obtain possession

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Coronavirus UK – has your tenant asked for a concession?

In Boris Johnson’s first daily coronavirus update yesterday, he urged the general public to stop “non-essential contact” and “all unnecessary travel“, and to avoid social venues including “pubs, clubs and theatres“. Although supermarkets have been doing a roaring trade in pasta, hand sanitiser and loo roll in recent days, other retailers, restaurants and pubs have

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You can’t just wash your hands of it… A landlord and tenant’s guide to COVID-19 in the UK

As hand gels and toilet paper fly off the shelves and children across the world cross their fingers for school closures, the COVID-19 strain of coronavirus has taken over the news. The outbreak has now been declared as a pandemic and is showing few signs of slowing.  But what does the virus mean for commercial landlords

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Budget 2020: real estate tax changes

Here is a brief summary of the measures in the March 2020 Budget which are relevant to the Real Estate sector. Non-UK resident companies with UK property income – As previously announced, non-UK resident companies that carry on a UK property business, or have other UK property income, will be charged to Corporation Tax on UK

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Mistakes in notices: useful guidance from the Court of Appeal

Earlier this month the Court of Appeal decided the case of Captain Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter. The case concerned whether statutory notices of proceedings for possession, served under section 8 of the Housing Act 1988, containing an incorrect date for the commencement of proceedings, had been validly served.

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A Leap Day Bonus

Wishing you a Happy Leap Day for tomorrow! Traditionally the day for women to issue marriage proposals, 29 February may also have an unexpected consequence for buyers and sellers of commercial properties when they work out their completion statements. The Standard Commercial Property Conditions are a set of standard conditions which are incorporated (to a

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MEES and residential property – don’t be a fool come 1 April 2020

Come April Fool’s Day 2020, landlords of residential property should be aware not just of customary pranks and hoaxes, but also of the implications of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the “MEES Regulations“). What is the current position for residential property? Since 1 April 2018, landlords of “domestic private

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Noisy works: a useful reminder for landlords

When a landlord is carrying out works it is usually impossible to avoid some level of disturbance to tenants.  On that basis, previous case law has made clear that a landlord carrying out works will need to take “all reasonable steps to minimise the disturbance” to its tenants in order to avoid a tenant successfully

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Coming soon: New electrical safety standards for PRS landlords

New draft Electrical Safety Regulations have been laid before Parliament but what do they mean for landlords in the private rented sector? When and where will they apply? If passed, these regulations will apply in England to most new residential tenancies from 1 July 2020 and all existing residential tenancies from 1 April 2021. They

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Don’t take it personally: Is the benefit of an agreement for lease personal to the landlord?

In Bella Italia Restaurants Limited v Stane Park Limited, Bella Italia had entered into a conditional agreement for lease with its prospective landlord, the Trustees of the Churchmanor Pension Scheme. As you would expect, the agreement contained a right for the landlord to grant a lease, on the terms agreed, with a corresponding obligation on

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Court of Appeal confirms that telecoms operators can obtain Code rights to carry out site visits

A second case has been decided by the Court of Appeal under the 2017 Electronic Communications Code (the “Code“). The Court upheld the decision of the Upper Tribunal that an approved operator under the Code has a right to access and carry out investigations on a site’s suitability for installation of electronic communications equipment (known

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Electronic signatures: a warning sign

How do you sign your emails? If your name and contact details are automatically generated at the bottom of an e-mail, do you consider you have signed the e-mail and should be contractually bound by the contents? This was the issue for the county court in the recent case of Neocleous v Rees. The facts

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Higher MEES on the horizon?

On 15 October, the government published a consultation on tightening minimum energy efficiency standards (MEES) for commercial properties. Click here for a copy of the consultation.  Responses must be submitted by 7 January 2020 and we strongly encourage all interested parties to respond. The consultation focuses on two key questions: What should the minimum standard of

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Reacting to a CPO – what do you need to do?

In the second of our series on compulsory purchase, we turn to what you should do if your property is at risk of compulsory acquisition. The first thing to do is brace yourself – the process is long, often slow and can frequently feel stacked against you. There are, though, key steps which can, and

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Electric Vehicle charging – regulation that sparks a charge towards a better network

The UK government has published its Road to Zero strategy last year, paving the way for a significant expansion of both on and off-street electric vehicle (EV) charging facilities in the UK. The EV revolution is happening and the revenue streams and technologies available are driving the emergence of different business models and opportunities for