Real Estate Quarterly - Winter 2018
Everyone agrees that the country needs more homes, but how this is achieved is more controversial. As location and connectivity are increasingly...
16th Dec 2018 Read moreLexology – Daily Feed
Rashid v Nasrullah 2018 EWCA Civ 2685; 2018 11 WLUK 493, 29 November 2018
The issue was whether a fraudster who had unlawfully forged a transfer document to purport to transfer a property into his name could claim adverse...
14th Dec 2018 Read moreFraudsters are entitled to make use of the law of adverse possession
The Court of Appeal has held that the law of adverse possession can be used to obtain ownership of a property even if the possession came about due to...
14th Dec 2018 Read moreS73 application not a "fundamental alteration"
Section 73 (S73) of the 1990 Town and Country Planning Act (TCPA) enables a planning permission condition of the previous permission to be varied...
14th Dec 2018 Read moreHorizon Scanning UK Real Estate 2019
What progress has been made? It is fair to say that we know a lot more than we did this time last year. There have been a number of key areas of...
13th Dec 2018 Read moreTenant Insolvency: Disclaimer of Leases
If a company goes into liquidation, the liquidator is able to disclaim the whole of an insolvent tenant’s liability under a lease. The disclaimer ends...
13th Dec 2018 Read moreJust how relevant is a landlord’s motive?
Supreme Court decision in S Franses Limited v The Cavendish Hotel (London) Limited - Is a landlord's motive relevant to ground (f) of the Landlord...
13th Dec 2018 Read moreBurying bigger taxes in Brexit-dominated Scottish Budget day?
It is rare for the set-piece of a Budget speech to be overshadowed by developments elsewhere. But such was the fate of Derek Mackay, where his second...
13th Dec 2018 Read moreChanges to the taxation of overseas investors in UK land
Legislation has now been published on the extension of CGT or Corporation Tax to gains arising to all non-UK resident owners on the disposal of all...
12th Dec 2018 Read moreBrexit - Deal or no Deal
It is impossible to predict the scale and scope of the changes to Irish businesses that will be brought about once the United Kingdom leaves the...
12th Dec 2018 Read moreLeft In The Lurch - Another UK Landlord Convicted Following Tenant’s Unlawful Waste Operations
Recent caselaw demonstrates that regulators are prepared to prosecute landlords as a direct result of their tenants’ unlawful waste operations...
12th Dec 2018 Read moreOn the eighth day of Christmas, the High Court gave to meeight duties owing
To borrow from a distinctly non-Christmassy text: to owe or not to owe a duty? That is often the difficult question. (It could be worse: o-ho-ho-ho-we...
12th Dec 2018 Read moreReal Estate Podcast EP3: Finance Bill 2018 - Impact on REITs
Following their blog post of 9 November 2018, in this podcast Herbert Smith Freehills partners Neil Warriner and Will Arrenberg and senior associate...
12th Dec 2018 Read moreBuying your property with a Help to Buy ISA and Government Bonus
The Help to Buy ISA (HTB ISA) was introduced by the government to help first time buyers get on the property ladder. It is a savings account where the...
12th Dec 2018 Read morePlanning for retirement in a farming context
Many will be aware of the recent case of Vivian Exelby, an elderly farmer from Cornwall who has been banned from keeping livestock for life after...
12th Dec 2018 Read moreLaw Commission launches Consultation on Commonhold
The Law Commission yesterday published its Consultation Paper on commonhold reform for England and Wales, “Reinvigorating commonhold: the alternative...
11th Dec 2018 Read moreUK's Regulators' Unprecedented Enforcement Action Relating to Land
Prior to 6 April 2011, land agreements were largely excluded from the application of the UK's Competition rules. However, in November 2018...
11th Dec 2018 Read moreBCLP's Big Real Estate Debate
In real estate today, it seems like the only certainty is uncertainty. Rather than a clear narrative as we head into 2019, analysis points at...
11th Dec 2018 Read moreDisclaiming Disclaimer
When a company is dissolved, all its property and rights (including leasehold property) are deemed to be bona vacantia and accordingly belong to the...
11th Dec 2018 Read moreUpping the ante: RICS Professional Statement on Service Charges in Commercial Property in practice
The RICS Professional Statement on Service Charges in Commercial Property comes into force on 1 April 2019. The upgraded status has raised...
11th Dec 2018 Read moreCan commonhold be reinvigorated?
The Law Commission has issued a substantial consultation seeking to improve the manner in which the commonhold system operates and to persuade...
11th Dec 2018 Read moreLandlord’s motive matters: Supreme Court rules in favour of tenant in opposed business lease renewal
The Supreme Court has ruled that, in order to oppose a new business tenancy on the grounds of redevelopment, the landlord cannot rely on...
11th Dec 2018 Read moreBudget 2018
In the recent Autumn Budget the Chancellor promised the end of austerity but announced relatively few revenue raising measures. There were no major...
11th Dec 2018 Read moreThe Significance in UK Nuisance Law of the Introduction of the “Agents of Change” Principle
The Revised National Planning Policy Framework (NPPF2) published in July 2018 introduced the “Agents of Change” principle into the legislative...
10th Dec 2018 Read moreDischarge first, develop later
Section 84(1)(aa) of the Law of Property Act 1925 provides for the discharge of restrictive covenants when their existence impedes some reasonable...
10th Dec 2018 Read moreStrong Lending Activity Presents Bankable Outlook in 2019
In our Financial Services Update for 2017, we anticipated that commercial lending would accelerate during 2018. This has been borne out by our work...
10th Dec 2018 Read moreProposed changes to Permitted Development Rights and Use Classes - Impact on Developers and Landlords
Two key themes of the Budget on 29 October 2018 were increasing the supply of housing and improving the health of high streets and town centres...
10th Dec 2018 Read moreCourt of Appeal overturns landmark ruling which allowed affordable housing needs to override restrictive covenant
A well-known South East developer, having previously successfully secured an order overriding restrictive covenants preventing construction on land...
10th Dec 2018 Read moreBan of combustible materials in the external wall of buildings
Government introduces ban on combustible materials Since the publishing of the Hackitt Interim Report in December 2017 and the Final Report in May...
7th Dec 2018 Read moreLenders’ discretion and the limitation of the Braganza duty
Where a lender has the absolute discretion to do something under a loan, their position will be protected according to the recent High Court decision...
7th Dec 2018 Read more