Category: Landlord and tenant

Agreements with Registered Providers: 5 Top Tips

April 17, 2019

For developers bringing forward any residential development, the affordable housing package will be one of the most important elements of ensuring a scheme actually gets consent – particularly in the current political and policy environment. But while it is easy… Read more

Changes confirmed to permitted development rights and use classes

March 21, 2019

In our blog post of 10 December 2018 (see here), we discussed the potential impact on developers and landlords of changes to permitted development (PD) rights and Use Class A which were being consulted on by the government. Despite widespread… Read more

Brexit isn’t frustrating…at least for leases

February 21, 2019

Landlords can (for now at least) breathe a sigh of relief as the High Court has ruled that a tenant cannot bring its obligations under a lease to an end by invoking the doctrine of frustration simply because it will… Read more

Opening the door to community and landlord engagement

February 15, 2019

This article was first published on Lexis®PSL Property on 24 January 2019. Fiona Sawyer, professional support lawyer in the planning team at Herbert Smith Freehills LLP, and Frances Edwards, senior associate and specialist real estate litigator at the firm, point… Read more

Real Estate EP4: Brexit and the UK real estate market

January 25, 2019

In this podcast, Herbert Smith Freehills' Matthew Bonye and Tom Leech QC discuss the important Canary Wharf Group v European Medicines Agency court case. This case is highly relevant to real estate development. The tenant, the European Medicines Agency (EMA), argues that Brexit is a frustrating… Read more

Proposed changes to permitted development rights and use classes – impact on developers and landlords

December 10, 2018

Two key themes of the Budget on 29 October 2018 were increasing the supply of housing and improving the health of high streets and town centres. Published with the Budget was the consultation 'Planning reform: supporting the high street and… Read more

Indigestion for landlords: a new acid test for redevelopment under ground (f)

December 6, 2018

In October, we wrote about the Supreme Court case S. Franses Ltd v The Cavendish Hotel (London) Limited [2018] UKSC 62, concerning a landlord’s ability to oppose a lease renewal under the Landlord and Tenant Act 1954 (the “Act”) using… Read more

Landlords’ motives for redevelopment – good, bad or irrelevant?

October 17, 2018

Today the Supreme Court will hear the case of S. Franses Ltd v The Cavendish Hotel (London) Limited, a case which property litigators have been following closely since last year. The case concerns a landlord's ability to oppose a lease… Read more

Residential leasehold – time for change?

August 8, 2017

At the end of July, hard on the heels of the Housing White Paper published in February, DCLG issued a Consultation Paper on "Tackling unfair practices in the leasehold market". If you wish to make your voice heard prompt action… Read more

Revised Electronic Communications Code – Code Red for Landowners

July 18, 2017

A revised new Electronic Communications Code has been introduced as one element of the recent Digital Economy Act 2017 (see our TMT ebulletin of 22 May 2017). The existing Code has long been declared unfit for purpose, hopelessly out of… Read more

Leasehold pitfalls – termination risks of leasehold development site structures

June 23, 2017

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… Read more

Raise your (MEES) standards: new government guidance provides clarity and confusion

April 12, 2017

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… Read more

Forfeiture traps for developer landlords

March 21, 2017

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… Read more

When quiet enjoyment means just that

December 14, 2016

Author: Julian Pollock, Partner, Real Estate, London Earlier this year, the courts decided that, even if there is an express right to carry out works in a lease, a landlord cannot ride a coach and horses through a quiet enjoyment… Read more

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