Break clauses: Has vacant possession killed the radio star?
With a decision that has surprised many in the property industry, the High Court has held that a tenant's failure to reinstate fixtures and fittings...
15th Jan 2021 Read moreLexology – Daily Feed
Common sense prevails once again: Interpretation of option agreement for development land
The Court of Appeal considered the interpretation of an option agreement where the parties had differing views on the meaning of the words...
15th Jan 2021 Read moreService charges: Meaning of "conclusive" concluded
The Court of Appeal has ruled that, where a lease provides that a service charge certificate is "conclusive", it will be conclusive as to both the...
15th Jan 2021 Read moreToo much to ask? Operator fails to impose telecoms Code agreement
The Upper Tribunal (Lands Chamber) has handed down its judgment in Cornerstone Telecommunications Infrastructure Ltd v University of the Arts London...
15th Jan 2021 Read moreRetailers’ Struggles felt by Landlords
Following the 2020 December Quarter Day, it has been reported that one of the UK’s largest commercial landlords, British Land, has received only 46...
15th Jan 2021 Read moreElectronic Communications Code update: A (slightly) higher rent for a greenfield site
The Upper Tribunal has, for the first time, determined the rent payable for a lease renewal under Part 5 of the Electronic Communications Code...
15th Jan 2021 Read moreUndertenants' relief from forfeiture: Must the branch always fall with the tree?
A brief look at the factors for owners and undertenants to consider when a landlord seeks to forfeit a lease with subordinate interests, such as...
14th Jan 2021 Read moreHappy News Year for Leasehold Homeowners
In the first working week of the New Year, Housing Secretary Robert Jenrick announced major reforms to the way that houses and flats are owned in...
14th Jan 2021 Read moreWhen is a gift not a gift?
In some circumstances it is possible for purported gifts to be set aside. In order to do so a detailed analysis of the circumstances leading up to the...
14th Jan 2021 Read moreReal Estate Tip of the Week: Streamline your title
Many registered titles contain various rights that a property benefits from or is subject to (such as rights of way or rights to use utilities). The...
13th Jan 2021 Read moreSection 106 planning obligations: overcoming problems with ‘permit-free’ development
In a previous article “Use of Section 106 Planning Obligations: Restrictions on Car Parking”, I discussed the rise in use of legal instruments which...
13th Jan 2021 Read moreSurveyors
In this chapter of our Annual Insurance Review 2021, we look at the main developments in 2020 and expected issues in 2021 for surveyors. Key...
13th Jan 2021 Read morePowering our Net Zero Future - What does the Energy White Paper have in store?
The government published its Energy White Paper in December 2020, making a clear statement of its commitment to the 2050 Net Zero target and setting...
13th Jan 2021 Read moreProperty Patter: What can the property world expect from Parliament and the courts in 2021?
In our first episode of Property Patter for 2021, Emma Humphreys and Laura Bushaway are joined by Guy Fetherstonhaugh QC and Toby Boncey of Falcon...
13th Jan 2021 Read moreNew ground rent reforms will reduce claims against conveyancers
On 7 January 2021, the Housing Secretary Rt Hon Robert Jenrick MP announced extensive reforms to allow leaseholders to extend their leases by 990...
13th Jan 2021 Read moreUK CONSTRUCTION & ENGINEERING: The cladding catastrophe car crash!
2020 will be forever synonymous with the global pandemic. The end of the year saw the approval of vaccines and with that a hope to an end, or at...
12th Jan 2021 Read moreESG in Scottish real estate
While we continue to navigate our way through the uncharted waters brought about by the COVID-19 pandemic, one item has continued its climb up the...
12th Jan 2021 Read moreUK Government announces reforms to controversial residential leasehold property laws
Following recommendations issued by the Law Commission in July 2020, the UK government has announced plans to overhaul laws relating to leasehold...
12th Jan 2021 Read moreConsultation on Permitted Development (“PD”) rights to change from Class E to residential use
The Government is consulting on the introduction of a new PD right to allow the change of use from commercial, business and service uses (Class E) to...
12th Jan 2021 Read moreGovernment announces new leasehold reforms but do they raise more questions than answers?
On 7 January 2021, the Ministry of Housing, Communities & Local Government (MHCLG) released a statement claiming that “Government reforms will make...
12th Jan 2021 Read moreUnwinding property contracts: tax for the unwary
It is rare, but not unheard of, for a property dispute to result in the rescission of the relevant contract. But what is the SDLT position? Does the...
12th Jan 2021 Read moreLease renewals in the time of coronavirus
The impact of the Covid-19 pandemic on many business tenants has been stark and changes in the market are following. Tenants are likely to want...
12th Jan 2021 Read moreTough decisions for housing providers: juggling strategic choices
2020 was a tough year for everyone. Adapting to a new way of life involving periodic lockdowns and ever-changing policies and guidance while trying to...
11th Jan 2021 Read moreExtension of residential eviction ban
The enforcement ban on possession orders will now remain in place until 22 February 2021. However, the impact of the ban being lifted is not likely...
11th Jan 2021 Read moreBan on Evictions Gets a Further (Short Notice) Extension
Back in November the government brought into effect a ban on County Court Bailiffs and High Court Enforcement Officers (Sheriffs) enforcing possession...
11th Jan 2021 Read moreBan on residential evictions extended
Last week, we reviewed the position three months on from the lifting of the stay on possession proceedings (21 September 2020). Please click here for...
11th Jan 2021 Read moreProposed Leasehold Reforms And The Inclusion Of Retirement Properties In The Abolition Of Ground Rents
In the biggest change to English property law in the last 40 years, the Ministry of Housing, Communities & Local Government has announced its long...
11th Jan 2021 Read moreNew lease extension rights for leaseholders
Millions of leaseholders in England will be given the right to extend their leases by a maximum term of 990 years at zero ground rent, the Housing...
11th Jan 2021 Read more2021 predictions: What is on the horizon for real estate?
If 2020 has taught us anything, it’s that no one can predict the future. But as we start 2021, we look at some of the legislative changes impacting...
11th Jan 2021 Read moreTen CIL lessons 2020
We are now - thankfully - firmly out of 2020 and in the hands of 2021. Although reviewing the past year may not initially seem an appealing prospect...
11th Jan 2021 Read more