Real estate and built environment
5 Partners = 1 Invalid Break Notice
Landlords beware – if you hold property in the name of a partnership which consists of more than four individuals, and you serve a break notice on your tenants in the partnership name, it may not be valid.
Read moreBrexit and the housing crisis – where are we now?
It is only a couple of months since the Government restated its 'one million homes by 2020' pledge. How does Brexit impact on this
Read moreBrexit and the housing crisis – where are we now?
It is only a couple of months since the Government restated its 'one million homes by 2020' pledge. It was always going to be a big ask, with talk of land banking, constructions skills shortages and delays in the planning system being bandied about on a regular basis
Read morePlanning: the sequential test
For those involved in retail development, a recent Planning Court case serves as a helpful summary and update on the interpretation of the sequential test set out in para 24 of the NPPF.
Read moreBreak Notice – All 4 one?
The recent Chancery Division case of Levett-Dunn & ors v NHS Property Services Ltd [2016] EWHC 943 (Ch) considers the validity of a break notice served on four landlords, all "care of" the same address.
Read more"Innovative and sustainable" – Rio Ferdinand launches new redevelopment and regeneration model
Former England football captain and Manchester Utd Defender Rio Ferdinand presented his new charity, The Legacy Foundation, to delegates at MIPIM last week.
Read moreGlobal Real Estate Transactions to Hit $1tn by 2020
According to a new report released on 15 March by JLL, the global ageing population will drive real estate transaction volumes over $1tn (£704bn) globally by 2020, up from $700bn (£484bn) in 2015.
Read moreUrban Land Institute publishes Second Edition of acclaimed Build to Rent Guide
Last week the Urban Land Institute published a Second Edition of its acclaimed Build to Rent Guide - hailed by some in the market as a "Bible" for the PRS industry.
Read moreNEC must extend culture and spirit to lawyers to end curse of the Z Clause
In the NEC Users' Group Newsletter (No.75 November 2015), Rudi Klein – in his article, "Revisiting the curse of the Z clause" (page 2) – remarks that, "Unfortunately, through the 'loophole' of option Z, far too many NEC contracts are amended beyond recognition and fail to deliver as they should".
Read moreHousing shortage is a construction industry skills crisis
Headlines focus on the emotive issue of hard-working families being unable to afford their own homes, and the Government’s pledge to get Britain building.
Read moreCavendish win on penalties: Supreme Court makes finger-tip save of ageing doctrine
The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the "penalty rule" but further limiting its utility in a commercial setting.
Read moreTitan v Colliers – the price of everything and value of nothing
The Court of Appeal recently overturned the High Court's judgment in the case of Titan v Colliers.
Read moreNo returns for M&S following Supreme Court ruling
The Supreme Court has upheld the decision of the Court of Appeal in the case of Marks and Spencer plc (M&S) v BNP Paribas Securities Trust Company (Jersey) Ltd (BNPP).
Read moreSquatting: an own goal?
In October 2015, a Manchester hotel undergoing extensive refurbishment works was occupied by squatters and housing activists.
Read moreTribunal criticizes HMRC’s refusal to allow retrospective VAT group application
The First-tier Tribunal (in Copthorn Holdings Ltd v HMRC) has asked HMRC to reconsider its decision to refuse a taxpayer’s application for retrospective VAT group registration. This is the second time HMRC have been asked to “think again” on their decision.
Read moreOffice to residential development crusade continues
As part of the Government's ongoing crusade to get homes built, the office to residential permitted development right, previously set to expire in May 2016, has been made permanent.
Read moreMEES: The legal implications
The Minimum Energy Efficiency Standards regulations (MEES) will implement legislation that could make the potential benefits of "being green" tangible.
Read moreService charge interpretation and the cautionary tale of Arnold v Britton
In the recent case of Arnold v Britton[1], the Supreme Court considered the meaning of a service charge clause in a long lease which would result in the tenant paying service charges of over £550,000 per annum by 2072.
Read moreBusiness Rates: Don't pull the Woolway over your eyes
A recent Supreme Court decision on business rates had the RPC Real Estate team talking, and not just because it related to our second & sixth floor neighbours, Mazars.
Read more"That don’t distress me much …"
George Osborne's pledge to tackle the housing crisis, if acted on, should see an increase in housebuilding.
Read moreSummer Budget – property developments
Last week's "summer" Budget, the first by a (solely) Conservative government for nearly two decades, was full of surprises but contained relatively few specific property tax measures.
Read moreTime limit for challenges to adjudication decisions clarified
Adjudication is intended to be a quick and cost-effective means of resolving a dispute. However, in its first decision concerning adjudication, handed down on 17 June 2015, the Supreme Court has reached a finding that means parties to adjudication may face a very long delay to reach a final determination of the dispute between them. The decision, in the case of Aspect Contracts (Asbestos) Limited v Higgins Construction plc, allows a respondent to adjudication to challenge the outcome any time up to six years after it makes payment to the successful referring party, thereby potentially rendering historic adjudication decisions vulnerable to further litigation.
Read morePlay nicely, children
Litigation is, by its very nature, an adversarial process. But as the court has made clear in the case of Simon Gotch & Susan Linda Gotch v Enelco Limited1, litigants should also co-operate, to ensure the swift and cost-effective resolution of their disputes.
Read moreForfeiture ... that's a relief
A landlord's right to forfeit for breach of covenant by the tenant is a useful remedy commonly found in leases.
Read moreGetting to Level 2
What insurers should look out for in BIM project management
Read moreFlood Re: the impact of the scheme on surveyors and valuers
The catastrophic impact that flooding can have on property owners has been seen all over the news for the past decade. In particular, 2012 saw some of the wettest weather for a century and left thousands of households struggling to find insurance cover for their properties.
Read moreBeyond night and day: The importance of causation
In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.
Read moreLegal Lasers
Building Information Modelling (BIM) is quickly becoming recognised as the future of design, construction and facilities management for new build projects. But what about existing buildings?
Read moreLet's talk about VAT – a useful reminder
A recent Court of Appeal decision (CLP Holding Co Ltd v Singh and Kaur[1]) serves as a reminder to consider VAT during sale negotiations, and ensure that VAT wording in contracts is sufficiently clear.
Read moreBe careful what you dig for
Beginning a project in an area of archaeological interest can be an historical minefield for both developers and contractors.
Read moreRight time for UK REITs
Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.
Read moreRight time for UK REITs
What are REITs? Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.
Read moreThe New Draft ICC Conditions
A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.
Read moreThe New Draft ICC Conditions
A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.
Read moreBudget 2014 - update
Last week's Budget announcements were light on the property tax front.
Read moreBudget 2014 - update
Last week's Budget announcements were light on the property tax front.
Read moreFreedom of information: access denied by ministerial veto
Not since September 2012 when the Attorney General exercised powers under section 53(2) of the Freedom of Information Act 2000 (FOIA) blocking the release of correspondence between Prince Charles and seven government departments has there been a matter likely to attract attention to the use of the ministerial veto.
Read more2014 – Another Year of Planning Reform
The past few years have seen a raft of changes to planning regime and 2014 seems set to continue with that trend. The matters below highlight some of the changes on the horizon.
Read moreToo close for comfort – LPAs fail on the duty to co-operate
You would have thought that by now, after nearly 2 years since the Localism Act and National Planning Policy Framework have been in place, that local planning authorities would have got their act together.
Read moreAdjudication - "Pay first, argue (now up to twice as much) later"
The recent Court of Appeal decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 clarifies that a limitation term is implied into every construction contract under the Construction Act 1996, where no express term exists.
Read moreWant to Control the Future?
A seller commonly wishes to restrict the buyer's use of land after the sale – sometimes forever and sometimes only for a limited period.
Read moreA Damp Squibb
The recent case of Squibb Group Ltd v (1) London Pleasure Gardens (2) London Borough of Newham [2013] EWHC 3275 (TCC) demonstrates that contractors cannot rely on funders to pay outstanding fees where an employer runs into financial difficulty.
Read moreIt shouldn't be a hard sell. Getting your head around the known knowns and the known unknowns
Although Don Rumsfeld wasn’t talking about the sale of property when he talked about knowns, he makes an important point about knowledge. Picture the scene.
Read morePledging to use Alternative Dispute Resolution ("ADR")
On November 12th, signatories of The International Institute for Conflict Prevention & Resolution (CPR)'s new 21st Century Pledge will be announced.
Read moreIs sunlight a nuisance?
Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.
Read moreProcurement Policy Note on EU Directives
The Cabinet Office has issued a Procurement Policy Note (“PPN”) which summarises the main outcomes of the new EU Directives relating to public procurement, utilities procurement and service concessions. The PPN also outlines the next steps in finalising and implementing the Directives.
Read moreHELP TO BUY: BOOM OR BUST?
The Help to Buy initiative forms part of the Government's Funding for Lending scheme.
Read moreSDLT group relief anti-avoidance – good news from HMRC
Last week saw some (much needed) good news on the topic of SDLT avoidance, that should clarify HMRC's approach to the common commercial practice of transferring a property intra-group, following the acquisition of a property-owning company (PropCo).
Read moreSDLT avoidance - HMRC victorious regardless of taxpayer 'motive'
HMRC has scored a resounding victory in the first case[1] to consider in any detail the wide-ranging SDLT anti-avoidance provision (section 75A of Finance Act 2003).
Read moreInsurers as lenders: what borrowers need to know
Insurers are the new show in town The make-up of providers of debt secured against UK real estate has changed dramatically.
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