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

Category Archives: Real Estate

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Posted in Real Estate

Move along squatters, investors in residential property also need legislative reform

After press reports of police up and down the country taking action to remove squatters from residential accommodation, perhaps the government should now turn its attention to the legislative pitfalls awaiting potential investors in this sector?

The Leasehold Reform, Housing and Urban Development Act 1993 offers rights to those who own leases of residential flats Read More

Posted in Real Estate

Legal A-Z: “E” is for EPC

Q. I own a commercial building that has just become vacant.  I would like to rent it out again, and my agent has asked me for my EPC.  What is it and do I need one?

An Energy Performance Certificate (“EPC”) certifies the energy efficiency of your building, and must be prepared by an accredited Read More

Posted in Real Estate

Insolvency can forfeit the right to forfeit

You’re a landlord. A business tenant goes bust. Getting them out and getting the lease back may not be as easy as you think.

It can be especially complex (and galling) where your tenant is succeeded by a new business with the same management, the same name and the same suppliers, still in your premises. Read More

Posted in Real Estate

Legal A-Z: “D” is for Dilapidations

My lease ended six months ago. About two months ago, the landlord served a terminal schedule of dilapidations. Am I out of time to respond?

Not as such. You may be thinking of the Dilapidations Protocol which formally became part of the Civil Procedure Rules on 1 January 2012. It is officially titled the “Pre-action Read More

Posted in Real Estate

It’s as easy as EPC? New Regs on Marketing particulars

Cast your mind back to October 2011.  You may well remember a subtle change in the law which had pretty far-reaching consequences.  Agents could no longer lawfully issue written particulars that did not include an EPC within them.  Granted, this was already the case for residential properties, but the extension to commercial meant that suddenly, Read More

Posted in Real Estate

Legal A – Z: “C” is for Consent

Q) I have received an application from my tenant to assign its lease, but the tenant has not provided enough information on the proposed tenant’s financial position for me to decide the matter. Can I simply refuse consent?

A) Yes. If your lease prohibits assignment “without the consent of the landlord not to be unreasonably Read More

Posted in Real Estate

Legal A – Z: ‘B’ is for break clause

Q) How does the timing of a break clause coincide with a rent review?

A: The general presumption is that time is not of the essence for working through the machinery of a rent review clause. However, as strong a presumption as that may be, it may be rebutted if there are clear indications Read More

Posted in Real Estate

When is a lease not a lease but really a licence?

It’s an old question, but one that crops up regularly.  The most recent example to pass across this blogger’s desk was in relation to a statutory residential leasehold extension.  In that case, a licence had been granted “exclusively” to use two car parking spaces as ancillary to a long lease of a flat. The question Read More

Posted in Real Estate

Auction sales under the hammer from identity fraud

Selling property at auction can, at times, seem an attractive, quick-fire solution for over-burdened sellers whilst offering potentially ripe pickings for bargain-hunters. Neither scenario is without its risk as the very nature of property auctions can offer loopholes for identity fraudsters and money launderers.

In July of this year auctioneers had to pay out damages Read More

Posted in Real Estate

Legal A-Z: “A” – Access to Neighbouring Land

Q: Can I enter onto my neighbour’s land to repair my boundary wall?

A: 

A property owner may be liable for trespass if he ventures onto his neighbour’s land without permission, licence, or a contractual or statutory right. 

A building owner wanting to build or repair a wall on or near the boundary, or to Read More

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

Keeping It Real Estate: News and trends in UK real estate, disputes and planning law

“Keeping It Real Estate” has been created by Hogan Lovells’ UK Real Estate group.  It brings together the expertise of over 75 partners and associates covering all aspects of transactional, disputes and planning in the UK market.  The diversity of our work for landlords, corporate occupiers, banks, developers, retailers and local authorities, to name but Read More