Siobhan Hayes

Siobhan Hayes

Reed Smith

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Changes to UK Insurance Law

Major changes to insurance law came into force on 12 August 2016 by virtue of the Insurance Act 2015. Some of the changes will be of benefit to those who have to insure UK real estate and this could provide comfort to...more

8/22/2016 - Breach of Warranty Disclosure Requirements Insurance Acts Mortgages UK

Partitions and Vacant Possession

We are often asked by landlords whether tenants need to completely strip out premises including partitioning when they are required to deliver up vacant possession. This is most common when break clauses are conditional on...more

8/5/2016 - Commercial Leases Commercial Tenants Fixtures Landlords Lease Termination Partitions UK

Update on Small Scale Developments

Following on from our posting about the removal of the exemption of small scale developments from affordable housing contributions, please note that the Court of Appeal reversed the High Court’s decision. The Court of Appeal...more

7/13/2016 - Affordable Housing Exemptions Housing Developers Residential Real Estate Market UK Urban Planning & Development

Early Break Clauses in Lease Renewals

Be aware of the consequences of negotiating an early break right in a renewal lease. The flexibility that this might bring will come at a cost. On a 1954 Act lease renewal, the court has power to determine the rent for the...more

7/8/2016 - Commercial Leases Commercial Tenants Contract Renewal Landlords Lease Termination Rent UK

Late Relief From Forfeiture

Commercial landlords know that if a tenant fails to pay rent and the lease contains a forfeiture clause, the landlord can forfeit the lease by peaceable re entry i.e by changing the locks when the tenant is not in the...more

7/8/2016 - Breach of Contract Commercial Leases Commercial Tenants Forfeiture Landlords Rent UK

That Sinking Feeling

Structuring the ownership of mixed use buildings requires care both initially and then during the management of the building.  In a recent case, an investor in the residential parts of a mixed use building faces a significant...more

6/17/2016 - Landlords Mixed-Use Zoning Property Owners Real Estate Market Residential Leases Service Charges Tenants UK

Have You Got the Right EPCs?

We were reading in the Property Week (27th May edition) just how unreliable an EPC rating can be. This matters because from 2018 when new minimum energy efficiency regulations (MEES) start to apply, investors won’t be able...more

6/6/2016 - Buyers Energy Efficiency Investment Property Leases Ratings Real Estate Market Rental Property Sellers UK

Small Developments Affordable Housing News

Welcome news for developers of small sites. Following the government’s successful appeal last week against the decision in the West Berkshire Council and Reading Borough Council case nearly a year ago, the National...more

5/20/2016 - Affordable Housing Exemptions Guidance Update Housing Developers Land Developers Residential Real Estate Market UK Urban Planning & Development

Building Around a Tenant

How much redevelopment and refurbishment work can a landlord do when it has a tenant in occupation? The recent case of Timothy Taylor Limited v Mayfair House Corporation provides a useful reminder of the obligations owed by...more

5/18/2016 - Construction Project Damages Excessive Noise Landlords Leases Real Estate Development Redevelopment Rent Tenants UK

Lease Assignments to Guarantors No Longer Valid

It is now clear that leases cannot be assigned to the tenant’s guarantor but serious issues arise out of the recent High Court case of EMI Group Limited v O&H Q1 Limited which specified that any lease assignment by a tenant...more

3/30/2016 - Assignees Assignments Commercial Leases Commercial Real Estate Contracts Guarantors Landlords Retroactivity Tenants UK

Update on Landlords Rights Against Tenants in Administration

We have written before on the subject of Landlords’ remedies when there is a pre-pack administration where a new company is formed to buy the viable part of the business and is put into occupation by the administrators...more

10/16/2015 - Assignments Breach of Contract Commercial Bankruptcy Commercial Leases Commercial Tenants Consent Creditors Forfeiture Insolvency Landlords UK UK Insolvency Act

Update on Office Conversions to Residential

The Government has issued a statement on 13 October 2015 confirming that the temporary permitted development right to convert office premises to residential, subject to local authority prior approval of specified matters, is...more

10/14/2015 - Building Permits Conversion Exemptions Land-Use Permits Office Space Real Estate Development UK

ESOS Regulations: Are you ready to report?

The Energy Savings Opportunity Scheme Regulations 2014 (“ESOS”) came into force across the UK last July. The purpose of ESOS is to require large businesses to identify energy efficiency savings by carrying out energy audits;...more

8/21/2015 - Audits Energy Efficiency Energy Policy UK

(UK) UK Government Policy Reversal on Small Developments Affordable Housing and the Vacant Building Credit

The recently introduced vacant building credit, and policy exemption for small developments from affordable housing contributions have been swiftly removed from national planning guidance this morning following a High Court...more

8/3/2015 - Affordable Housing Real Estate Development Tax Credits UK Urban Planning & Development

(UK) New Rules for Residential Landlords in Wales

Residential landlords of properties in Wales need to be aware of the extra regulatory burden that applies to them and particularly because breach could be a criminal offence. The Welsh Assembly has added an additional...more

7/3/2015 - Landlords New Regulations Residential Property Owners UK

(UK) Residential Service Charges Update

As increasing numbers of investors now include residential and mixed use properties in their portfolios there are bound to be issues dealing with the residential element of service charges and you really can’t be too careful...more

6/23/2015 - Leases Residential Leases Service Charges UK

Now the EPC Really Matters

We posted in 2013 on the Regulations that will make it unlawful from 01 April 2018 to let properties with an F or a G EPC rating. These are now in force. There are some time limited exemptions and a few exclusions but now is...more

5/15/2015 - Commercial Property Owners Energy Efficiency Ratings UK

(UK) The latest thinking on lease guarantees

The dust has now settled on the recent cases involving discussion on the continuing AGA, GAGA situation and its inter play with section 25 of the Landlord and Tenant (Covenants) Act 1995....more

4/2/2015

Delay to registration under the Heat Network Regulations

In our post on 20 March we explained the implications of the Heat Network (Metering and Billing) Regulations 2014 and in particular the need for heat suppliers to register before 30 April 2015. In amendment regulations of...more

3/27/2015

If You Can’t Stand the Heat…

Are you a developer or landlord of commercial or residential multi-let premises? Are those premises supplied with heat by either a communal heating system or a district heating system?...more

3/20/2015 - Commercial Property Owners Landlords Real Estate Development UK

(UK) Rates and Refurbishments - when is a building in repair?

The question of how to value a building which is undergoing substantial refurbishment came before the Court of Appeal who ruled yesterday that the Valuation Tribunal had wrongly attributed a rateable value of £1 to offices...more

2/19/2015 - Commercial General Liability Policies Commercial Property Owners Property Owners UK

Please can I have your Autograph Mr Ramsay!

You might have seen some of the recent media coverage of Gordon Ramsay’s court case relating to a personal guarantee given to his landlord that was signed using an “automated pen” operated by his estranged business partner...more

2/7/2015 - Commercial Leases Commercial Tenants Contract Disputes Contract Formation Personal Guaranties Signatures UK

(UK) When Is An Emergency Not An Emergency

It is the time of year when the Great British weather batters buildings up and down the country causing signs to fall off some and roofs to cave in! Beware, though, if you are the Landlord or manager of a mixed use building –...more

2/2/2015 - Commercial Property Owners Property Damage Repairs UK

Brownfield land in the UK: lenders' liability

In this fourth in our series of briefings on topics relevant to those involved in brownfield land, we look at the issue of lenders’ liability in respect of risks arising from brownfield sites under environmental law in...more

5/1/2014 - Brownfield Properties Environmental Policies EU Lenders

Brownfield land in the UK: ‘baseline surveys’

In this third in our series of briefings on topics relevant to those involved with “brownfield” land, we focus on “baseline” contamination surveys....more

3/31/2014 - Brownfield Properties Contaminated Properties UK

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