Further Reforms to Compulsory Purchase
Many of the reforms to the compulsory purchase system that were first consulted on back in 2015 are finally being implemented. However, the introduction of these measures has been complicated by the...
View ArticleGovernment publishes proposals for fixing broken housing market
On 7 February 2017 the Government published its much anticipated Housing White Paper. Whilst those in the industry welcome the recognition of the extent of the supply problem and the commitment to...
View ArticleLawbite: How does your garden grow?
BPT Limited v Patterson (unreported) A rare reported decision under the Access to Neighbouring Land 1992 (“the Act”). Section 1 of the Act allows the Court to make access orders. These orders give...
View ArticleAn interview with Irvine Sellar
We were saddened to hear of the passing of Irvine Sellar, a massive figure in our market. In January 2012, Bruce Dear, our head of London Real Estate, met Irvine for an interview lunch. Irvine’s...
View ArticleCase alert: Landlord landed with carpet bomb!
Replacement of carpets owned by landlord not a breach of repairing or alteration covenants – South Essex Partnership University NHS Foundation Trust v Laindon Holdings Limited [2016] EWCA Civ 377. The...
View ArticleBusiness rates: back to reality (Newbigin v Monk [2017] UKSC 14)
The Supreme Court has overturned the Court of Appeal decision and found in favour of the ratepayer in this much-anticipated business rates case involving the rateability of a property which was...
View ArticleGlobal Tax Digest - Non-resident Companies Holding UK Real Estate
The proposed new rules for corporate interest reductions in the UK apply to UK corporation taxpayers only and will not, therefore, extend to companies that are subject to UK income tax, such as...
View ArticleBusiness Rates revaluation 1 April 2017 and compensation under the Landlord...
There has been a lot of press surrounding the business rates revaluation recently, but there is a particular point which has slipped (relatively) under the radar. Under the Landlord and Tenant Act...
View ArticlePermission in Principle a New Route to Housing Delivery
After confirming its continued support for the related concepts of permission in principle and statutory brownfield registers as part of an “ambitious programme to bring brownfield land back into...
View ArticleNeighbourhood Planning Act 2017: Temporary Possession Powers
After much anticipation, The Neighbourhood Planning Bill received royal assent on 27th April 2017. The new Neighbourhood Planning Act (“Act”) covers matters not obviously related to its title,...
View ArticleCommercial leases referring to a "share of common parts": pathes worth...
There have been various legislative and regulatory measures for quite a long time now, which aim is to protect the party who is considered to be the weakest in contractual relationships. This was...
View ArticleFacilitating in a Sale or Lease of Property: A Guide to The Property...
The Department of Human Settlements has published the Property Practitioners Bill designed to regulate property practitioners, repeal the Estate Agency Affairs Act and provide for the continuation of...
View ArticleLawbite - mooring a boat does not secure adverse possession of the river bed
Port of London Authority v Paul Mendoza [2017] UKUT 146 (TCC) This case reviewed the decision of the First-tier Tribunal on whether the act of mooring a boat was sufficient to evidence the intention...
View ArticleLawbite: let the client be the judge...
Orientfield Holdings Ltd v Bird & Bird LLP [2017] EWCA Civ 348 The Court of Appeal has dismissed an appeal from Bird & Bird LLP (B&B) to set aside a ruling that it acted negligently by...
View ArticleLawbite: some people just move on
Grimes v Trustees of the Essex Farmers and Union Hunt [2017] EWCA Civ 361 (Ch) The service of notices under leases is a notoriously tricky area. This Court of Appeal decision is another example of the...
View ArticleLawbite: the case against the Contra Proferentum Principle
Persimmon Homes Ltd & others v Ove Arup & Partners Ltd [2017] EWCA Civ 373 This case was an action by a consortium of developers against the engineers Ove Arup who had given warranties in...
View ArticleThe new Electronic Communications Code
The new Electronic Communications Code received royal assent on 27 April 2017 as part of the Digital Economy Act 2017. The Code is expected to come into force later this year. The new Code will have...
View ArticleLawbite: the right way to use a garage
Gore v Naheed and Another [2017] EWCA Civ 369 A right of way is a type of easement. It is the right that the owners of one piece of land (called the dominant land) have to pass over another area of...
View ArticleLawbite: past the point of NOI return
JCAM Commercial Real Estate Property XV Limited v Davis Haulage Limited [2017] EWCA Civ 267 Landlords have long complained about tactics by a defaulting tenant under a lease (such as a tenant in...
View ArticleLawbite: no notice required
Hertfordshire County Council v Bryn Colin Davies [2017] EWHC 1488 (QB) An occupier of a residential dwelling is normally to be afforded a minimum of 4 weeks notice under the Protection from Eviction...
View ArticleSecure your views
A common issue that arises the real estate industry is the question of securing a view. The issue has led to several disputes as to who has the right to enjoy the view and what the legal repercussions...
View ArticleLawbite: a special relationship? Creditor and guarantor
Promontoria (RAM) Limited v John Moore [2017] CSOH 88 It is a matter of general principle that if a debt is assigned the assignee can call on the guarantor for payment unless the guarantee...
View ArticleLawbite: good intentions...
S Franses Limited v The Cavendish Hotel (London) Limited [2017] EWHC 1670 (QB) The Landlord & Tenant Act 1954 (“the Act”) automatically entitles business tenants to renew their leases when their...
View ArticleFire Safety in the wake of Grenfell Tower what questions, and for whom?
The tragic fire at Grenfell Tower on 14 June 2017 has meant a renewed focus by Government, regulators and the public on fire safety and proactive management of fire safety risks. Whether commercial,...
View ArticleA hollow victory: Municipal debts for new homeowners
Section 118(3) of the Local Government: Municipal Systems Act, 2000 has become a popular subject of dispute before our courts. This section provides that any amount due for municipal services in...
View ArticleLawbite: an inquiry is just that, not a termination
Brucefield Estate Trustee Company Limited & Others v Computacenter (UK) Limited [2017] SC LIV 38 In Scotland, leases continue beyond the expiry date on a year-to-year basis by tacit relocation if...
View ArticleAutumn Budget 2017: Major change to the tax status quo of non-resident...
As expected, in one of the most substantive changes to the taxation of real estate in recent years, the Chancellor has announced the extension of corporation tax to the income of non-UK corporate...
View ArticleAutumn Budget 2017: Dramatic changes to the taxation of non-resident...
As a major change to the status quo for the taxation of non-UK investors in UK real estate, not announced in the Budget speech, the supporting Budget papers have announced: the extension of UK...
View ArticleAutumn Budget 2017: Good news for first-time buyers of residential property
A new relief has been announced by the Chancellor, effective from today, for first-time buyers of residential property. No SDLT will be chargeable on the first £300,000 of the consideration and 5% is...
View ArticleAutumn Budget 2017: Extension of Substantial Shareholding Exemption (SSE) to...
This exemption may take some investors outside the new CGT charge on indirect disposals What’s new? Swamped by the latest announcements in the Budget on CGT and corporation tax changes for...
View ArticleLawbite: Service Charge Welcome Relief for Intermediate Landlords
Westmark (Lettings) Limited v Elizabeth Peddle and others [2017] UKUT 449 (LC) Here, the Upper Tribunal had to decide on the issue of when “relevant costs” are incurred for the purposes of Section...
View ArticleUK Beneficial Ownership Register for Overseas Entities Holding UK Property
The UK government has announced that it will proceed with its proposals to require that all overseas entities that own or buy property in the UK complete a register detailing their ultimate beneficial...
View ArticleAutumn Budget 2017: Dramatic changes to the taxation of non-resident...
As a major change to the status quo for the taxation of non-UK investors in UK real estate, the Chancellor’s Autumn Budget statement announced: the extension of UK taxation of capital gains from April...
View ArticleWhen a company voluntary arrangement (CVA) is on the menu
Eversheds Sutherland property column: March 2018. Originally published by Practical Law The last few weeks have seen a flurry of restaurant chain troubles, with the likes of Jamie's Italian, Prezzo,...
View ArticleThe Lease Code from voluntary to professional statement
The RICS is consulting on a new draft professional statement which includes a new code for leasing business premises which would replace the Code for Leasing Business Premises 2007, which at present...
View ArticleThe MEES Regulations and residential landlords: can't I just claim an...
Background It’s no secret that landlords, and even tenants, are not fans of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962) (Regulations). The...
View ArticlePower demand and supply: a move to battery storage?
On 1 March 2018, the wholesale price of electricity peaked at £990/MWh. The current "usual" wholesale electricity price is around £40-45/MWh. Such spikes and lesser gaps between the supply and demand...
View ArticleLeases and licenses: a matter of distinction
Licences are used in all sorts of circumstances, sometimes pushing the boundaries and falling outside of the legal parameters for a licence and into those for a lease. It does not matter what a...
View ArticleRates Mitigation: We act for Principled Offsite Logistics in landmark case
R (Principled Offsite Logistics Limited) – v - Trafford Council [2018] EWHC 1687 (Admin) In a decision which will be welcomed by corporate occupiers nationwide, the High Court has ruled that the...
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