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The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023 were passed on 20 July (the “New Regulations“). Almost identically named to The Building Safety (Leaseholder Protections) (England) (Amendment) Regulations 2023 (the “February 2023 Regulations“), the added “etc.” packs a punch! The Building Safety Act 2022 restricts landlords recovering via service charges certain costs of … Read more
In August 2022, the Upper Chamber of the Lands Tribunal identified a major structural defect in the Electronic Communications Code which sterilised land from development if there was an intermediate lease structure in place. The case was Vodafone Limited v Gencomp (No.7) Limited and A P Wireless II (UK) Limited (LC-2021-613) and you can read … Read more
It is a challenging market for developers right now: increased construction costs, shifting demands in our post-pandemic world, increased regulation (e.g. the Building Safety Act), and uncertainty surrounding banking arrangements. Good legal planning at the earliest stage of any development is therefore critical. Kathryn Coveney and Frances Edwards identify four areas to prioritise… Mitigate later … Read more
The legal implications of developing land adjacent to this highly invasive plant may be more extensive than you thought. Japanese knotweed, a non-native plant introduced to the UK in the 19th century, is very difficult to eradicate and can grow up to 10cm a day in the summer months. The plant’s underground rhizome (root) system … Read more
The long-awaited Renters (Reform) Bill was introduced to the House of Commons on 17 May 2023. It followed in the wake of the White Paper titled “A Fairer Private Rented Sector” which was published in June 2022, so there were no great surprises hidden within it. The headline points These are now abundantly clear from … Read more
As the Building Safety Act 2022 (the “Act“) continues to make waves across the real estate sector, one quiet, but very important, ripple should not be overlooked. Landlords of residential and mixed‑use buildings containing at least two dwellings and being above 11 metres high (or at least 5 storeys) with building safety defects will soon … Read more
The Build-to-Rent sector (“BTR“) has continued gathering momentum over the last year and looks set to continue that way. However, the Government’s proposed reform of the private rented sector has caused much huffing and puffing in the real estate sector, much like the story of the Three Little Pigs and the Big Bad Wolf. Will … Read more
The Supreme Court recently considered the effect of a clause requiring the landlord to provide a service charge certificate setting out the amount of the total cost and the sum payable by the tenant of commercial premises, which was to be conclusive in the absence of manifest or mathematical error or fraud. This is a … Read more
This accessible guide is a “must read” for every real estate developer, investor or occupier. It draws on the vast experience of our Real Estate Dispute Resolution team over several cycles of the economy to predict the risks and areas for potential disputes on the horizon. The guide contains our suggestions to avert or mitigate … Read more
