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

Supreme Court’s input required on dealing with restrictive covenants

All eyes will be on the Supreme Court this July, as it hears the developer’s appeal against the Court of Appeal’s decision in Alexander Devine Children’s Cancer Trust v Millgate Developments Limited and others [2018] EWCA Civ 2679, a case in which a developer built social housing in knowing breach of covenant. The Court of … Read more

Real Estate. Reconsidered

Yesterday the HSF Real Estate team launched Real Estate. Reconsidered, a collection of our thoughts on some of the key issues that are impacting the real estate sector and our opinions on what the future may hold for the real estate market and its legal landscape. To read Real Estate. Reconsidered click here. Please contact us … Read more

Residential Leasehold up for grabs – change is coming, get ready!

The report of the Parliamentary committee on residential leasehold reform has been published containing strong recommendations, many of them radical, and some where it is not at all clear how they could work in practice.  Nevertheless, this is likely to be the future and a good commercial conclusion may be to assume that this will … Read more

A bonanza for empty rates schemes?

The Supreme Court has given judgment in the case of Telereal Trillium v Hewitt (VO) [2019] UKSC 23. The latest in a long line of rating cases to be considered by the Supreme Court in recent years, this case indicates that even the most unattractive, seemingly impossible to let, empty property is likely to be … Read more