Covid-19 update: restrictions on enforcement extended

At the eleventh hour, and despite previously declaring that it was the final extension, the UK Government has today announced that the current restrictions on landlords being able to forfeit commercial leases for non-payment of rent (which protection was due to expire on 30 June 2021) has now been extended until 25 March 2022. Read more

Leasehold Reform: Goodbye to Ground Rents?

Introduction The 2021 Queen’s Speech signalled the start of the UK Government’s anticipated plans to change the system of leasehold residential ownership: “Laws to modernise the planning system, so that more homes can be built, will be brought forward, along with measures to end the practice of ground rents for new leasehold properties.” On 13 … Read more

Evolving schemes to reflect changing conditions

As the country continues to recover from the effects of the Covid-19 pandemic, many developers may now be considering how to change their projects to reflect an evolving real estate sector, whether as a direct result of the pandemic or due to the acceleration of existing underlying trends. Developers may be seeking to vary planning … Read more

Forearmed: A real estate disputes guide to likely trends in 2021 and beyond

The real estate sector is at the centre of the disruption caused by measures to contain the Covid-19 pandemic. Its impact will be profound and its effects will magnify as life returns to normal and the market takes steps towards recovery. In our latest guide “Forearmed: A real estate disputes guide to likely trends in … Read more

Build in breach of restrictive covenants at your peril!

Honour restrictive covenants or risk paying the consequences, so says the Supreme Court. The highest court in the land has handed down judgment in Alexander Devine Children’s Cancer Trust v Housing Solutions Limited [2020] UKSC 45, a case which saw it consider an application to modify or discharge a restrictive covenant on land, made under … Read more

Covid-19 and restrictions on enforcement: where are we now?

Updated 28 September 2020 In March 2020, the Government introduced unprecedented measures which restricted a landlord’s ability to pursue remedies for recovery of arrears (but also breaches of other covenants), should a tenant fail to pay the rent due under its lease. These measures were always stated to be temporary in nature, and aimed to … Read more

COVID-19: What are the new far-reaching restrictions on recovery of rent arrears?

The Government’s decision that it will temporarily ban landlords from serving statutory demands or issuing winding up petitions has sent shockwaves through much of the investment property market. In a press release on 23 April 2020, the Government announced that statutory demands served on “companies” between 1 March and 30 June 2020, and winding-up petitions … Read more

Protection of empty, closed or infrequently used premises against squatters

Updated April 22, 2020 The Health Protection (Coronavirus, Restrictions) (England) 2020 (the Regulations), made under the Public Health (Control of Disease) Act 1984, required the closure of certain businesses and venues, and also restricted the trade which can be conducted at other types of premises. Furthermore, some tenants of commercial premises have made their own … Read more