Tag Archives: developer

Leasehold pitfalls – termination risks of leasehold development site structures

Author: Simon Elliott, Senior Associate, Real Estate, London A number of recent transactions where we have acted for banks and lenders have emphasised that care needs to be taken by developers at the outset of a project when buying into … Continue reading

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Filed under Development, Investment, Landlord and tenant

An unusual consequence of the housing crisis – or, when is it against public policy to enforce a hospice’s privacy?

Author: Jerome Temme, Trainee, Real Estate Dispute Resolution, London Take a hospice, a restrictive covenant preventing development next door which, at the time of the development, served to protect the privacy of the sick children, their families and visitors, and … Continue reading

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Filed under Development, Dispute resolution (property litigation), Housing, Planning

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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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

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

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

The importance of consistency

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   In a construction project, how a builder and/or designer's potential liability is classified in the contract and technical documentation can be crucial to recovery of any costs associated with … Continue reading

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Filed under Construction and Engineering

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