Last week the government announced that:
RE: A COMPANY (INJUNCTION TO RESTRAIN PRESENTATION OF PETITION)
The court considered an application for an injunction in light of the new Corporate Insolvency and Governance Bill 2020 (“CIGB”), which was published on 20 May 2020 and is expected to come into force in late June or early July – click here for more details Read More
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 Read More
Boris Johnson has now changed the focus from staying at home to staying alert. What does this mean for landlords who need to create a COVID-safe environment? How does this look in practice? And who pays?
It will be a long time before the lockdown is fully lifted, but the government’s ambition is for some Read More
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 Read More
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 Read More
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 Read More
Avid readers will have seen our previous blog on the government’s proposals to protect commercial tenants from the risk of forfeiture for non-payment of rent, as a result of COVID-19.
The proposals were incorporated into section 82 of the Coronavirus Act 2020 (the Act), which came into force on 25 March 2020. In particular, section Read More
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 Read More
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 Read More
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 Read More
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 Read More
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 Read More
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, Read More
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 Read More
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 Read More
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. Read More
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 Read More
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 Read More
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 “ Read More
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 Read More
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 Read More
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 Read More
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 Read More