Archives: Real Estate (UK)

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Hold that thought – CRAR and Forfeiture

By Olivia May and Katherine A. Campbell on Posted in Real Estate (UK)
Where a landlord is owed rent, the first instinct may be to reach for the bailiffs to carry out Commercial Rent Arrears Recovery (CRAR) and remove the tenant’s goods. The case of Thirunavukkrasu v. Brar and another reminds us of the dangers of exercising CRAR in situations where a landlord may also look to forfeit the … Continue Reading

Flexible offices: the way forward for landlords?

By Nav Sahota on Posted in Real Estate (UK)
Flexible offices are no longer seen as the letting of last resort or a stop gap solution for start-up businesses. They increasingly appeal to a wide range of organisations attracted by flexibility, quality of buildings and unique collaborative working environments. However, as the recent WeWork cancelled initial public offering (IPO) highlights, in this fast-evolving industry … Continue Reading

French CNIL data protection authority hits property management firm with large GDPR violation penalty

By Daniel Kadar and Laetitia Gaillard on Posted in France, Germany, Real Estate (UK)
In a blog entry posted on Reed Smith’s Technology Law Dispatch Blog, authors Daniel Kadar and Laetitia Gaillard review the first large fine imposed under GDPR regulations. The company, French property management firm Sergic, failed to comply with its obligation to limit the storage of personal data and its security. The fine, €400,000, represents close to … Continue Reading

Telecoms Code – the price is right. Or is it?

By Katherine A. Campbell on Posted in Real Estate (UK)
Landowners have historically put unproductive parts of their land to use by allowing telecoms operators to site apparatus on them and charging the operators market rents. Increasingly, digital communication is perceived as a basic need, similar to gas, electricity and water, therefore demand for suitable sites to provide the infrastructure will only increase, particularly with … Continue Reading

Commercial service charges – a case for transparency

By Katherine A. Campbell on Posted in Real Estate (UK), Real Estate Management
The RICS Professional Statement on Service Charges in Commercial Property (the Professional Statement) comes into force for service charge periods commencing on or after 1 April 2019.  What is it and why should we take notice? Unlike previous codes of practice on service charges, this one has been published as a professional statement, meaning it … Continue Reading

The Telecoms Code – A New Human Right?

By Claire Vermeulen and Jess Hartley on Posted in Real Estate (UK)
The first substantive decision under the new Electronic Communications Code (the ‘Code’) was given by the Upper Tribunal on 30 October 2018 and it’s not good news for landowners. This judgment confirms that any ambiguity in the Code’s wording will be resolved firmly in favour of operators delivering electronic communications. We now live in an … Continue Reading

Getting One Step Ahead Of The Trespassers

By Katherine A. Campbell on Posted in Real Estate (UK)
The recent case of Vastint Leeds BV v Persons Unknown is a welcome decision for developers, who are concerned about the possibility of trespassers on large development sites. Vastint Leeds BV’s (Claimant) development site on the site of the old Tetley Brewery and adjacent land in Leeds has suffered in the past from trespassers.  Due … Continue Reading

Method in the madness: new certainty in valuation methods for viability assessments

By Katherine A. Campbell and Julia Berry on Posted in Real Estate (UK), Real Estate Development
Viability assessments for affordable housing have long been a source of frustration for developers. This difficult element of the planning phase is often the cause for delays in getting a development to the point where works can start. There is hope on the horizon in respect of one aspect at least however: a recent ruling should … Continue Reading

Landlords, let’s be reasonable: otherwise you might pay the price

By Indeg Kerr on Posted in Ownership, Real Estate (UK), Real Estate Management
Landlords take note, on the back of a recent case, you face an increased risk that tenants will challenge costs which they are responsible for in a lease. The case in question related to tenants’ challenge of  insurance costs the Tribunal found in favour of the tenants, because the costs incurred were considered to be … Continue Reading

Consent to Assign – taking the good with the bad.

By Katherine A. Campbell on Posted in Ownership, Real Estate (UK), Real Estate Management
The case of No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd surprised the legal profession in 2016 when the court held that one bad reason for refusing consent to assign a lease effectively trumped two other good reasons, making the landlord’s refusal unreasonable. This decision provides some welcome pragmatism for landlords, residential … Continue Reading

Attack of the Triffids: Knotweed nuisance cranks up a notch

By Indeg Kerr on Posted in Ownership, Real Estate (UK), Real Estate Development, Real Estate Investment, Real Estate Management
Investor, developer, indeed landowner in any capacity – recent rulings mean Japanese Knotweed is now more of a nuisance (and a costly one) than ever. With over 6000 UK locations identified as containing the weed, you best be clear on how to handle this inconvenient invader or you face ending up in a bind. What’s … Continue Reading

Buying in Wales? Why a speedy completion should be top of your priorities

By Catrin McHugh on Posted in Real Estate (UK), Real Estate Investment, Uncategorized
Those of you involved in the acquisition of properties in Wales over the next couple of months should take note – if the value is over £1,000,000 for non-residential properties (or for non-residential leases, a net present value of over £2,000,000) or £400,000 for residential properties, then you’ll pay less tax if you can complete … Continue Reading

Placemaking without Lawbreaking

By Daniel Kyriakides and Sara Edwards on Posted in Real Estate (UK), Real Estate Development, Real Estate Management, Uncategorized
Placemaking? Mixed-used developments in and around London are in the midst of a golden era with the creation of mega-schemes such as those in Nine Elms and Old Oak. The new Wembley Park Development will see the creation of an unprecedented 7,000 apartments, surpassing the Olympic Village scheme in Stratford by some 4,000 residential units. … Continue Reading

Public Register of Overseas Companies – Now You See Me…..

By Nisha Aggarwal and Siobhan Hayes on Posted in Ownership, Real Estate Investment
If you are an investor currently using overseas entities to hold UK property you should be aware that the UK Government is putting together proposals for greater transparency of the beneficial owners of UK properties owned by overseas entities. The regulations will have implications for: the risk management, timing and due diligence in real estate … Continue Reading

One year to go. Are you ready for the MEES Regulations?

By Edward Fairweather and Geoffrey Yussouf on Posted in Real Estate (UK)
It’s now less than one year to go until the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, commonly known as the MEES Regulations (minimum energy efficiency standards) come into effect. It is time to act if you haven’t already. The MEES Regulations (the Regulations) provide that: From 1 April 2018 landlords of … Continue Reading

Time for Plan B? Amending a planning scheme.

By Stuart Wright on Posted in Real Estate Development
In today’s volatile markets the commercial viability of a project can change in the time it takes to implement a hard-won planning consent and even after works have begun. It may therefore be necessary to amend a scheme to maintain its profitability and viability. To accommodate such changes, planning schemes are often amended or a … Continue Reading

BloggeRS: Eva Lai ‘Proposal for new Chinese investment rules – Is UK property investment still attractive?’

By Eva Lai on Posted in Real Estate (UK), Real Estate Investment
Reports suggest that China proposes to impose greater monitoring of large outbound investments and potentially block state-owned enterprises from purchasing overseas property with a value of more than US$1bn in a single transaction. Additionally, permission may be required for the transfer of funds over US$5m. The previous threshold was US$50m. It is likely that more … Continue Reading

BloggeRS: Introducing Eva Lai ‘Mastering the art of “guanxi” for Chinese outbound investments’

By Eva Lai on Posted in Real Estate (UK), Real Estate Investment
As many of you are aware when doing business with Chinese investors you will need to come to terms with “Guanxi” – meaning relationships or connections outside the family. This is the core of Chinese society and culture. It is important for the Chinese to get to know the person with whom they wish to … Continue Reading

Supreme Court Likes Reality in Business Rates

By Joanna Carter, Claire Vermeulen and Siobhan Hayes on Posted in Ownership, Real Estate (UK), Real Estate Ownership
The disputed rates in Newbigin (Valuation Officer) (Respondent) v S J & J Monk (a firm) (Appellant) relate to building works in 2012 and the question was whether the rating list could give the building a £1 nominal value or whether it had to assume a market value based in an assumption of repair. The … Continue Reading

The Modern Slavery Act 2015: Effects on the Property Industry one year on

By Siobhan Hayes and Geoffrey Yussouf on Posted in Corporate Real Estate, Real Estate (UK), Real Estate Development, Real Estate Investment
Modern Slavery is broadly a term covering slavery, forced labour, servitude and human trafficking. It has been described as “the great human rights issue of our time” by Theresa May. The Modern Slavery Act 2015 was introduced as part of an effort to tackle the issue by imposing a requirement on every large business carrying … Continue Reading

So is this the time for developers to think big and build big?

By Stuart Wright and Siobhan Hayes on Posted in Real Estate (UK), Real Estate Development
On Monday 28 November 2016 the City of London’s Planning and Transport Committee approved (19 votes in favour, 2 against) a resolution to grant permission for the development known as 1 Undershaft which at 73 storeys will be the tallest building in the City of London (that is 304.94m or a little over 1,000ft for … Continue Reading
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