In the current climate, all types of occupiers including occupiers of retail, office and warehouse space, will be considering their leasing requirements and looking to rationalise their property portfolios. As a result, landlords may find that they are seeing an increase in the number of tenants seeking to operate break rights in leases. For obvious
Category Archives: Real Estate News
Subscribe to Real Estate News RSS FeedSection 21 is dead. Long live section 8!
The future of the UK rental market is emerging. The government wants views on its plans for removing the assured shorthold tenancy (AST) regime and bolstering the court process for gaining possession of a property. Will it be enough to fill the vacuum left by the AST regime? Background In April, we blogged about the government’s plans to
Motive Matters … Can land owners rely on redevelopment plans to resist Code rights?
It has been almost 18 months since the new Electronic Communications Code changed the legal landscape for telecoms operators and land owners. At its core, the Code is a framework for operators to obtain rights to install their apparatus on private land. The policy behind the Code is to improve our communications infrastructure so that
Game, set and match for leasehold housing and ground rents: Government responds to its consultation on leasehold reform
Last week saw a volley of government announcements for the private rented sector and investors in leasehold residential property. At the Chartered Institute of Housing Conference on 27 June, Prime Minister Theresa May and Communities Secretary James Brokenshire announced “bold action”, as soon as parliamentary time allows, to empower tenants and tackle perceived inequality in
Has your lease been validly contracted out of the 1954 Act? Landlords can breathe a sigh of relief
Earlier this month the High Court handed down its judgment in the case of TFS Stores Limited v The Designer Retail Outlet Centres (Mansfield) General Partner Limited and others which considered whether a number of leases had been validly contracted out of the Landlord and Tenant Act 1954. Background to the case TFS Stores Limited
Rateable value: The Supreme Court departs from reality
The Supreme Court has decided that a rateable value of £370,000 should be entered into the ratings list for an office block in Blackpool despite there being “no actual tenant willing to pay a positive price for the building itself“. Ascertaining rateable value In order to work out what the rateable value of a property
Open for Business – ESOS Phase 2
Regular readers may recall that we have previously blogged a fair bit on the Energy Savings Opportunity Scheme (“ESOS”). Phase 1 finished at the end of 2015 and we are now getting close to the end of Phase 2, as the final date for compliance is 5 December this year. See links to previous blogs
Three Words that mean so much
What is the easiest way to locate a specific point on a map? It’s a question that is increasingly vital to many sectors of the economy, from your Amazon delivery driver (or drone operator) to the tourism industry. At its most extreme, the speed and ease of finding a location can be the difference between
What is Net Zero Carbon?
The issue of climate change couldn’t be more topical. But what is “net zero carbon”? Is it just another buzzword and what does it really mean? The UK Green Building Council has this week published its Framework Definition on Net Zero Carbon Buildings. To see a copy of the new Framework Definition click here and
Raising living standards in rented homes
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
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
Client money protection schemes for property agents: What’s the latest?
Are you a landlord or a tenant? Think you’ve heard something about new laws to protect your money when held by an agent? If you want to know more, read on… New regulations mean that by 1 April 2019 all private rented residential property agents that handle client money in England will have to sign
Government select committee considers beneficial ownership register
We blogged on 26 July 2018 about the government’s plans to publish a register of beneficial ownership of UK registered land. The government proposes that the register will be maintained by Companies House and will show the owners and controllers of overseas entities that own registered land in the UK. It will catch all registered
MIPIM at 30
MIPIM has celebrated its 30th Birthday. There are a hardy few who will tell you that they have attended every one. I can’t claim that, but I did first attend in 1996 and have witnessed its teenage excesses and more recent sobering into maturity. Back in 1996 the Palais was about half its current size.
Tenant’s Right to Manage – Time for Change?
The procedure for tenants to take control of the management of their buildings is on the radar for reform as the Law Commission launches a consultation which closes on 30 April. To find out more about that right to manage (the “RTM”) click here and to understand the areas under examination read on! Exercise of
The end of the road for Right to Rent?
The High Court has held that right to rent checks cause discrimination on grounds of race and nationality and breach the Human Rights Act. In his judgment released today, Mr Justice Martin Spencer said that the scheme could not be justified as “the measures have a disproportionately discriminatory effect”. He concluded that the “nail in
Question: Is an invasion of privacy a legal nuisance?
Answer: Those who live in glass houses should not throw stones (or complain about prying neighbours) The recent case of Fearn & Others v The Board of Trustees of the Tate Gallery [2019], concerned a dispute between the Tate Modern and its residential neighbours over the Tate’s public viewing platform. The case makes clear that