Development

Raise your (MEES) standards: new government guidance provides clarity and confusion

Author: Deborah Caldwell, Professional Support Lawyer, Real Estate, London   In February 2015, we reported on Regulations introduced by the Government to prohibit the letting of commercial properties in England and Wales rated F or G on their Energy Performance … Continue reading

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Filed under Development, Landlord and tenant

The limits of good faith

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   The NEC Form of Contract is now in wide use in construction projects. The first clause says that the parties "shall act as stated in this contract and in … Continue reading

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Filed under Construction and Engineering, Development

Time to respond to the Housing White Paper

Author: Matthew White, Partner and Head of Planning, London There is just over one month left to submit responses to the Government's Housing White Paper and Build to Rent consultations. Published on 7 February 2017, the consultation period closes for the Build … Continue reading

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Filed under Development, Housing, Planning

Forfeiture traps for developer landlords

Author: Matthew Weal, Associate, Real Estate Dispute Resolution, London What do you do if you acquire a site containing problem tenants who may consistently be in arrears of rent or in breach of covenants under their leases?  It is understandable in these … Continue reading

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Filed under Development, Dispute resolution (property litigation), Landlord and tenant

Private Fund Limited Partnerships: the new real estate investment vehicle?

Author: Paul Chases, Senior Associate, Corporate Real Estate, London and Alex Wright, Associate, Corporate Real Estate, London In an article published in Property Week on 2 March 2017, Paul Chases and Alex Wright of our corporate real estate team discuss the … Continue reading

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Filed under Development, Investment

The changing cost of environmental claims

Authors: Andrew Lidbetter, Partner, London and Jasveer Randhawa, Of Counsel, London   In environmental (Aarhus Convention) claims, judges can now award costs that take into account the claimant's financial resources. As of 28 February 2017, judges in environmental judicial review claims and … Continue reading

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Filed under Development, Dispute resolution (property litigation), Environmental law, Planning

Sky’s the limit?

Author: Helena Thompson, Associate, Planning and Environment, London Almost a month on, we have now all had a chance to consider what the Housing White Paper means for the future of housing. The planning team here at Herbert Smith Freehills have … Continue reading

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Filed under Development, Housing, Planning

IPF Non-Disclosure & Exclusivity Agreements

Author: Richard Forsdyke, Partner, Real Estate, London We find this interesting and so thought we would share. To save unnecessary time and resources drafting bespoke agreements, the Investment Property Forum ("IPF") has published a standard form Non-Disclosure Agreement ("NDA") for parties … Continue reading

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Successful sub-sales – being a good middle man

Author: David Evans, Senior Associate, Real Estate, London Negotiating the purchase of a property while simultaneously negotiating the sale of the same property can be difficult, especially where the sub-sale element is confidential. But a sub-sale can be a very attractive … Continue reading

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Comfort and joy

Author: Alex Rhodes, Senior Associate, Planning, London While this may feel like yet another winter with warmer than usual temperatures, the harsh reality is that not everyone will be celebrating the season of goodwill with a roof over their heads. It's … Continue reading

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Filed under Development, Housing