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Keeping It Real Estate News and Trends in UK Real Estate, Disputes and Planning Law

Category Archives: Real Estate News

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

Engage is here

We have moved our Real Estate content to the new Hogan Lovells platform Engage. Engage gives you the latest legal and regulatory news and provides insights and analysis for your business, from across our global network, when you need it.

If you currently receive our content from this site, you would have received a Read More

Posted in Real Estate News

Happy News Year for Leasehold Homeowners

In the first working week of the New Year, Housing Secretary Robert Jenrick announced major reforms to the way that houses and flats are owned in England and Wales. The changes could affect more than 4 million leaseholders across England and Wales.

The government has come under increasing pressure in recent years to tackle what Read More

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Important changes to DAC6 regime in the UK

Speedread

The UK has made important changes to its implementation of the EU Mandatory Tax Disclosure Rules known as DAC6. The changes, which significantly reduce the scope of the rules in the UK, are largely good news for UK taxpayers and their advisers. The effect is that DAC6 reports will be required more rarely from Read More

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Engage is coming soon

Hogan Lovells is changing how we deliver our Real Estate content. On January 18 we will be moving the Keeping it Real Estate blog to a new technology platform: Hogan Lovells Engage.

You’ll soon receive an email with details on how to join us on Engage to continue to stay up-to-date on the latest Read More

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UK COVID-19: Government announces “final” extension to protections for commercial tenants

The government has today announced that it will be extending the current protections that have been afforded to commercial tenants as a result of the COVID-19 pandemic, for one final time.

What are the current protections?

Since the outbreak of the COVID-19 pandemic, the government has repeatedly extended temporary prohibitions on landlords taking certain enforcement Read More

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What’s happening with the Retail Prices Index and why?

Speedread: Alongside Wednesday’s Spending Review, the government and the UK Statistics Authority (UKSA) have published their response to the recent consultation on reform to the RPI. The outcome to the consultation states that “it is UKSA policy to address the shortcomings of the RPI in full at the earliest practical time”.  The earliest the Read More

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A Conclusive Conclusion for Service Charge Certificates?

In a case that will be welcomed by landlords, the Court of Appeal has ruled that a service charge statement was conclusive both as to the landlord’s costs and the scope of the services.

Background

The case concerned Blacks, the outdoor retailer, who was the tenant under a commercial lease. Under the service charge clause: Read More

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Challenging Times (continued) – The Use Classes Order and Permitted Development Rights

In our blog of 3 September 2020, we brought you news of the challenge to the recent changes to the Use Classes Order and the Permitted Development Rights (“PDR”) regime.

The action group bringing the claim sought to quash the statutory instruments which bring about the changes to the Use Classes Order (including the introduction Read More

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Supreme Court ruling in restrictive covenant case: ignore covenants at your own risk

The Supreme Court has handed down judgment today in an eagerly awaited case on restrictive covenants and affordable housing. It is the first time that the Supreme Court has considered a case on the modification of restrictive covenants. In today’s judgment, the Court has sent a warning message to developers who knowingly breach restrictive covenants Read More

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Stand By for Action on EPCs!

Back in July 2018, the government launched a “Call for Evidence on Energy Performance Certificates”. To read our blog click here.

Over two years later the government has published an “Action Plan”, setting out what it is going to do in the light of the responses it received. However, if you are worried about Read More

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The Sun Also Rises on Pre-pack Administration Reform

In 2015, responding to mounting concerns about pre-pack administration sales, a set of voluntary industry measures were introduced to address the perceived lack of transparency and trust in the process – especially when the sale was to a connected party, like a director or shareholder of the company in administration.

To encourage compliance, the government Read More

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Higher MEES for residential properties? Have your say

On 30 September 2020 the government published its consultation on amending the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the “Regulations”), raising minimum energy efficiency standards for the domestic private rented sector in England and Wales.

What is behind this consultation? The government’s aim is to have as many private Read More

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Prejudice to landowner is too high to impose Code rights on its land

The Electronic Communications Code gives powers to telecoms operators to acquire rights over private land to install their apparatus for the purpose of providing their network. In order to impose rights against a reluctant landowner, the operator must establish that the prejudice caused to the landowner by the imposition of those rights can be adequately Read More

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UK COVID-19 – The FCA Business Interruption Test Case ruling – the end of the ‘Covid clause’ in leases?

This week the High Court has delivered its eagerly anticipated ruling in the FCA Business Interruption Test Case. The case was brought by the Financial Conduct Authority on behalf of business interruption policyholders, with the aim of determining issues of principle on coverage and causation under a series of sample policy wordings.

Whilst of broad Read More

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UK COVID-19: Government extends protections for commercial tenants

After much speculation the government announced on 16 September that it will be extending protections that have been afforded to commercial tenants as a result of the COVID-19 pandemic.

What are the current protections?

Commercial tenants currently benefit from a number of COVID-19 related protections including:

  • a temporary prohibition on landlords forfeiting commercial leases as
Read More
Posted in Real Estate News

UK COVID-19 – Further protection from eviction for residential tenants

Following emergency legislation in March 2020, intended to protect residential tenants from eviction during the COVID-19 lockdown (see our blog here) the government has announced further measures to ease the pressure on tenants who continue to feel the social and economic impact of the pandemic.

Six month notice period

From 29 August 2020, landlords Read More

Posted in Real Estate News

Restrictive covenants – more likely to be enforceable, but don’t forget competition law

A recent Supreme Court judgment has clarified one of the routes to challenging covenants limiting land use. It has adopted a new approach to assessing the old question of what is a “restraint of trade”? The judgment did not however address possible challenges to restrictive covenants under competition law, which remain a real possibility.

The Read More

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A sign of the times – Land Registry start accepting electronic signatures

The Land Registry has announced this morning that, with immediate effect and until further notice, they will accept for registration transfers, leases and certain other deeds which have been electronically signed.

Twelve weeks ago, when the Land Registry announced that they would register deeds which had been signed ‘virtually’ using the “Mercury” protocol, practitioners across Read More

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Hold the back page! Cyber attacks hit sport – what can property owners learn?

In all the COVID chaos it is easy to forget about cyber security vulnerability and that the UK real estate industry remains exposed to cyber attacks through inadequate security systems and lack of preparedness.  The fundamental unsuitability of both institutional leases and standard buildings insurance policies to address cyber attacks that cause non-physical damage leaves Read More

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Law Commission heralds new lease of life for residential property

Just like buses and government slogans, it seems that Law Commission reports on the future of residential property in England and Wales come in threes.  Following separate, lengthy consultations, the Law Commission has this week published its proposals for reforming leasehold enfranchisement, tenants’ statutory right to manage (“RTM”), and Commonhold ownership.

It is estimated that Read More

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UK COVID-19: Should the UK real estate sector still worry about a no-deal Brexit?

At the moment Brexit appears to have been forgotten by many. This is understandable – the impact of COVID-19 is so immediate, vast and deep that the economic impact of Brexit seems distant and trivial by comparison. However, as real estate investors, landlords and tenants adapt and restructure their businesses they need to factor in Read More