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Commercial Real Estate - Legal Updates

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Sep
08
2021

Can I turn my shop into a residential property?
#Commercial Real Estate

We saw significant changes to the commercial use classes system in September 2020. However, one of the most significant adjustments has been implemented without much fanfare or publicity. It is the change that was put in force since 1 August 2021 permitting development to convert shops into residential units; (Use class E to use class C3). ...

Aug
10
2021

Do I need an EPC on the sale or let of a listed building?
#Commercial Real Estate

An Energy Performance Certificate (EPC) is a legal requirement when constructing, selling or renting out a building. The purpose of an EPC, as you might expect, is to show the energy efficiency of a property. An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is valid for 10 years. There are, however, commercial EPC exemptions. ...

Jul
07
2021

How Covid-19 has impacted commercial lease rent reviews
#Commercial Real Estate

When the first lockdown hit the UK in March 2020, there was a lot of speculation as to how it would impact the commercial property sector. A key concern for landlords was how rent review provisions would apply. ...

May
11
2021

Can a commercial tenant get away with not paying rent due to the pandemic?
#Commercial Real Estate

It has now been 14 months since we first went into lockdown and the government released measures under the Coronavirus Act to protect both residential and commercial tenants from being evicted if they had not paid their rent up to date. ...

Mar
09
2021

What is Ground Rent?
#Commercial Real Estate

Originally, it was rent that was supposed to reflect only the value of the ground that was being let, ignoring any building on it. The term is now frequently used to mean a low or nominal rent, usually one paid under a long lease that was granted in return for a premium. The landlord gets a capital sum for the lease, so there is no reason for the tenant to pay a full market rent for the property as well. ...

Feb
08
2021

Do I need an EPC for a renewal lease?
#Commercial Real Estate

The question of whether an EPC (Energy Performance Certificate) is required on a renewal lease is open to interpretation. The short answer is probably for commercial property (“non-domestic”) but not for residential property (“domestic”), but it is by no means clear. This is because, in part, the MEES Regulations (Minimum Energy Efficiency Standards) and EPC Regulations contradict themselves regarding this very question and we will see how they both differ below. ...

Nov
13
2020

Brexit stock-piling during a 'perfect storm' in the warehousing and logistics sector
#Commercial Real Estate #Brexit

With just 7 weeks to go until the end of the Brexit Transition period and no definite signs of a trade deal in sight, the warehousing and logistics sector is preparing for a period of disruption....

Nov
03
2020

What has been the impact of COVID-19 on female property professionals?
#Commercial Real Estate

The coronavirus pandemic has changed the landscape of how we approach our working lives, with many challenges being identified for female professionals. ...

Sep
17
2020

Government announces biggest funding commitment to affordable housing in a decade
#Commercial Real Estate

The Housing Secretary Robert Jenrick has launched a programme which will see billions of pounds invested in affordable housing which will not only help the country ‘build back better’ but will also make it easier for the next generation to get a foot on the property ladder....

Sep
16
2020

Mixed response to the rumoured ban on evictions until the end of the year
#Commercial Real Estate

The Government is reportedly rumoured to be preparing to extend the ban on evictions for those in the hospitality and retail sectors until the end of the year, with an official announcement to follow as early as next week....

Sep
15
2020

New revolving fund for SME residential developers
#Commercial Real Estate

The Government has announced a new £25m revolving fund for small and medium-sized (SME) residential developers to ‘grow and deliver more homes at pace’....

Jul
29
2020

Radical planning changes to come into Force
#Commercial Real Estate

From 1st September 2020 radical reforms will be made to the Town and Country Planning (Use Classes) Order 1987 (“the Use Classes Order”). The changes will be the biggest of their kind since the Use Classes Order was introduced over 30 years ago, and form part of a range of measures introduced by the Government to cut planning ‘red tape’ and allow greater flexibility of land-use to adapt to the changing needs of our high streets and communities....

Jul
28
2020

Local authority investment in commercial property criticised – but is this the way forward?
#Commercial Real Estate #Public Sector

The Public Accounts Committee (PAC) published a report on 14 July on “Local Authority investment in commercial property”, ...

Jul
24
2020

Can I extend my property without getting permission?
#Commercial Real Estate

The Government has announced further changes to ‘Permitted Development Rights’ which will allow homeowners to add up to two additional storeys to their home through a fast track approval process, ...

Jul
20
2020

Is the retail sector about to “Turnover” a new lease?
#Commercial Real Estate

This week, it was reported that the Crown Estate has written to some of its tenants, offering them the option of paying a turnover rent. ...

Jul
20
2020

Women in Property: Leading Ladies Event
#Commercial Real Estate

The South East branch of Women in Property recently hosted a virtual “Leading Ladies” Event with guest speaker Kate Davies, CEO of Notting Hill Genesis who are one of the largest housing providers in the country. ...

Jul
20
2020

What are the challenges of the traditional office post COVID-19?
#Commercial Real Estate #Information Technology

The challenges of lockdown over the previous five months have been felt equally by both Landlords and Tenants; especially in relation to rental income....

Jul
13
2020

Check your Reservations on Right of Entry
#Commercial Real Estate

The recent Court of Appeal case of Rees -v- Windsor-Clive (2020) considered the interpretation of Landlord’s rights of entry reserved by a lease. The recent Court of Appeal case of Rees -v- Windsor-Clive (2020) considered the interpretation of Landlord’s rights of entry reserved by a lease....

Jul
08
2020

Tenant wins challenge against Landlord’s ‘conclusive’ service charge statement.
#Commercial Real Estate

In the recent case of Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2020] EWHC 1263 (Ch), the High Court held that a tenant could challenge the service charge sums due under their lease, ...

Jul
07
2020

Duval Case: Beware the Breach of Covenant
#Commercial Real Estate

The Supreme Court’s decision in the case of Duval v 11-13 Randolph Crescent Ltd [2020] (Duval) is likely to have wide implications for landlords and tenants alike as it concerns the mutual enforceability of tenant covenants which is a standard provision in most modern leases....

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