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Category Archives: Real Estate News

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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

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COVID-19 UK – Additional breathing space…but tenants who can pay should

Last week the government announced that: the forfeiture moratorium is to be extended until 30th September 2020; Commercial Rent Arrears Recovery (CRAR) can only be used where tenants owe at least 189 days of unpaid principal rent; the draft Corporate Insolvency and Governance Bill has been amended, extending the temporary ban on the use of winding-up

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UK COVID-19: The Corporate Insolvency and Governance Bill – New tenant/debtor protections unveiled

Long awaited insolvency reforms in the UK, plus the government’s COVID-19 proposals on the use of statutory demands – and much more What’s the latest? As we reported on 24 April, the government announced curbs to landlords’ “aggressive” rent collection tactics of serving statutory demands and presenting winding-up petitions during the COVID-19 pandemic.  The details

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UK COVID-19: Residential possession proceedings during lockdown- is the new practice direction too wide to work?

The UK government’s response to the COVID-19 outbreak has included various steps intended to relieve pressure on residential property tenants, whose livelihoods and income might have been seriously impacted by the current lockdown.  Those steps have included the extension of statutory notice periods for landlords who want to terminate residential tenancies, and extra time being

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UK COVID-19: Further commercial tenant protections announced by the government

Yesterday, the government announced further protection for the “UK high street from aggressive rent collection”.  This protection takes the form of further restrictions on a landlord’s ability to pursue certain enforcement action against a tenant: in particular, serving statutory demands and presenting winding up petitions for non-payment of rent. These protections build upon the temporary

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Right to rent checks – here to stay

The Court of Appeal has held that right to rent checks are not unlawful under the Human Rights Act, reversing a decision of the High Court. The Court held that the scheme was a “proportionate means of achieving its legitimate objective”, and was therefore justified. However its finding that the scheme has caused some discrimination

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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