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Keeping It Real Estate

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

Posted in Real Estate News

Challenging Times (continued) – The Use Classes Order and Permitted Development Rights

In our blog of 3 September 2020, we brought you news of the challenge to the recent changes to the Use Classes Order and the Permitted Development Rights (“PDR”) regime.

The action group bringing the claim sought to quash the statutory instruments which bring about the changes to the Use Classes Order (including the introduction Read More

Posted in Case Updates

Tenant fails to satisfy break clause in latest VP ruling

The High Court has ruled in the recent case of Capitol Park Leeds PLC v Global Radio Services Limited [2020] that a tenant’s attempt to exercise the break in a lease, which was conditional on the tenant giving “vacant possession of the Premises” to the landlord, was not effective after the tenant had removed a Read More

Posted in Real Estate News

Supreme Court ruling in restrictive covenant case: ignore covenants at your own risk

The Supreme Court has handed down judgment today in an eagerly awaited case on restrictive covenants and affordable housing. It is the first time that the Supreme Court has considered a case on the modification of restrictive covenants. In today’s judgment, the Court has sent a warning message to developers who knowingly breach restrictive covenants Read More

Posted in Real Estate News

Stand By for Action on EPCs!

Back in July 2018, the government launched a “Call for Evidence on Energy Performance Certificates”. To read our blog click here.

Over two years later the government has published an “Action Plan”, setting out what it is going to do in the light of the responses it received. However, if you are worried about Read More

Posted in Real Estate News

The Sun Also Rises on Pre-pack Administration Reform

In 2015, responding to mounting concerns about pre-pack administration sales, a set of voluntary industry measures were introduced to address the perceived lack of transparency and trust in the process – especially when the sale was to a connected party, like a director or shareholder of the company in administration.

To encourage compliance, the government Read More

Posted in Real Estate News

Higher MEES for residential properties? Have your say

On 30 September 2020 the government published its consultation on amending the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the “Regulations”), raising minimum energy efficiency standards for the domestic private rented sector in England and Wales.

What is behind this consultation? The government’s aim is to have as many private Read More

Posted in Real Estate News

Prejudice to landowner is too high to impose Code rights on its land

The Electronic Communications Code gives powers to telecoms operators to acquire rights over private land to install their apparatus for the purpose of providing their network. In order to impose rights against a reluctant landowner, the operator must establish that the prejudice caused to the landowner by the imposition of those rights can be adequately Read More

Posted in Real Estate News

UK COVID-19 – The FCA Business Interruption Test Case ruling – the end of the ‘Covid clause’ in leases?

This week the High Court has delivered its eagerly anticipated ruling in the FCA Business Interruption Test Case. The case was brought by the Financial Conduct Authority on behalf of business interruption policyholders, with the aim of determining issues of principle on coverage and causation under a series of sample policy wordings.

Whilst of broad Read More

Posted in Real Estate News

UK COVID-19: Government extends protections for commercial tenants

After much speculation the government announced on 16 September that it will be extending protections that have been afforded to commercial tenants as a result of the COVID-19 pandemic.

What are the current protections?

Commercial tenants currently benefit from a number of COVID-19 related protections including:

  • a temporary prohibition on landlords forfeiting commercial leases as
Read More
Posted in Real Estate News

Challenging times – the Use Classes Order and Permitted Development Rights

Aside from the long-awaited “Planning for the Future” White Paper, the big planning and development talking points of the summer have been the radical reforms to the Use Classes Order and the Permitted Development Rights (“PDR”) regime.

We’ve covered the detail of the reforms in our bulletins on the Use Classes Order here and on Read More