Commercial rent arrears: paid or delayed?

Landlords of commercial premises have, quite understandably, been awaiting further details of the UK Government’s anticipated “binding arbitration” scheme for rent arrears which have accrued during the Covid-19 pandemic and associated lockdowns. Happily for landlords and developers, a recent decision in the High Court has suggested that the courts will not entertain tactics by tenants … Read more

Cost implications at the permission stage for those bringing judicial reviews

This blog was first posted on Herbert Smith Freehills Public Law Notes. In a rare intervention on the question of costs, the Supreme Court has confirmed in CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 that those bringing claims for judicial review and statutory challenges can face exposure to multiple sets of … Read more

Government introduces the Judicial Review and Courts Bill into Parliament

This blog was first published on HSF Public Law Notes on 23 July 2021. On 21 July, the Government introduced the Judicial Review and Courts Bill into Parliament. The Bill was foreshadowed in the Queen’s Speech on 11 May as part of the Government’s aim to ‘restore the balance of power between the executive, legislature and the courts’. … Read more

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