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
Category Archives: Real Estate News
Subscribe to Real Estate News RSS FeedPrivate Property? Court of Appeal says that being overlooked is not a nuisance
The Court of Appeal has handed down judgment in the case of Fearn & Others v The Board of Trustees of the Tate Gallery, concerning a dispute between the Tate Modern gallery and its residential neighbours over the Tate’s public viewing platform. The Court of Appeal, in dismissing the appeal has confirmed that “mere overlooking” is
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
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
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
Unleashing real estate’s potential: what follows next?
The real estate sector will welcome the stability, at least in the short term, that such a decisive election result brings. Jackie Newstead, our Global Head of Real Estate, predicts a post-election bounce in investment following a return of confidence to the market and a busy Q1 in 2020. Deals which were on ice can
Confirmation from the Court of Appeal: Exercising CRAR will waive a right to forfeit
In an earlier blog we discussed the High Court decision in the case of Thirunavukkrasu v Brar & Brar. The High Court confirmed that taking action pursuant to the Commercial Rent Arrears Recovery regime (CRAR) would amount to a waiver of a right to forfeit. The landlords subsequently appealed to the Court of Appeal, which
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
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
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
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
Time to weed out knotweed – is Europe leading the way?
Are we overly cautious when dealing with Japanese knotweed? Are other countries more proportionate in their approach? And do we need a new risk assessment to better reflect the situation on the ground? Read on to find out what the government’s Select Committee has concluded in an area where policy looks set to change …
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
Back to basics: what to do when you receive a break notice
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
Section 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