News & Analysis as of

Commercial Leases United Kingdom

BCLP

Business Rates and the Bar - Occupation, Purpose and Trust in a Set of Chambers

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In the recent case of Prosser v Ricketts [2024] UKUT 264 (LC), the Upper Tribunal Lands Chamber (UT) had to decide whether barristers’ chambers rooms should be treated as a collective, single unit for business rates purposes,...more

Katten Muchin Rosenman LLP

UK Financial Insights from Katten | Issue 13

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe....more

Latham & Watkins LLP

Russian Exclusive Jurisdiction Clauses Fail to Stop Aviation Insurance Litigation in England

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The English High Court found that a current risk of unfair trial in Russia justified declining to enforce Russian exclusive jurisdiction clauses. The English High Court has cleared the way for major aviation insurance...more

BCLP

Briefcase 2024 Quarter 1: Key Real Estate Cases and Updates

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Case 1: Blackhorse Investments (Borough) Ltd v Southwark London Borough Council - The Upper Tribunal found that an alienation covenant, a keep open covenant and a best endeavours covenant were outside of its jurisdiction...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Update)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

BCLP

Briefcase 2023 Quarter 4: Key Real Estate Cases and Updates

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High Court Weighs Up Landlord’s Redevelopment Plans With Tenant’s Security of Tenure in Business Lease Renewal - A landlord sought an immediately exercisable break in an unopposed business lease renewal to facilitate a...more

BCLP

Impact of the UK’s Autumn Statement 2023 on Real Estate

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In contrast to recent years, when there has been plenty for real estate tax lawyers to feast on, this Autumn Statement was fairly quiet.  Full expensing - After a prolonged period of time-limited, enhanced reliefs,...more

BCLP

Real Estate Outlook 2023

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At the beginning of 2023, our real estate subsector leaders shared their insights on what headwinds and tailwinds they expected for the industry in the coming year. As a follow-up retrospective, we asked the subsector leaders...more

Katten Muchin Rosenman LLP

Gotta Have [good] Faith

This advisory discusses the recent case law developments on the express duty of "good faith" in English law and what they may mean within the context of commercial real estate....more

BCLP

Developers can breathe a sigh of relief (for now) as the Court of Appeal plugs a gap in the Telecoms Code

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Last year the Upper Tribunal held that holders of concurrent leases that are subject to pre-existing Telecoms Code agreements cannot be treated as a ‘party to the agreement’, effectively sterilising their ability to terminate...more

BCLP

Briefcase 2023 Quarter 2: Key Real Estate Cases and Updates

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In this quarter’s edition, we cover cases concerning continuing nuisance, business lease renewals, “subject to contract” and misrepresentation. We also tell you about the new Renters (Reform) Bill recently introduced to...more

Latham & Watkins LLP

Release Me From My Bands Or Else My Project Fails Third Party Releases in Schemes

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Third-Party Releases are common in English law schemes of arrangement and restructuring plans, and US courts have so far indulged that approach in granting recognition. If Prospero’s plea to the audience at the...more

Morrison & Foerster LLP

It’s a RPI Off!

Inflation in the United Kingdom is measured using various indices by reflecting the period-to-period proportional change in the prices of a fixed set of consumer goods and services of constant quantity and characteristics,...more

Hogan Lovells

ESG: Sustainability concerns see green leases evolve in the UK

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With landlords and tenants increasingly recognising the value of well-managed, energy-efficient buildings, the demand for drafting ever more detailed green leases looks set to grow....more

Hogan Lovells

UK government's rental auction plans will bulldoze normal letting processes

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Amid strong industry objection to its proposed rental auctions scheme for vacant high street premises, the government has launched an open consultation to seek views on matters that will form part of the scheme, first...more

K&L Gates LLP

Global Office Asset Trends: A Look at 2023 and Beyond

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Post-pandemic, with some level of remote work here to stay, the global real estate industry is tracking an unprecedented reassessment of the office asset class. To paraphrase Mark Twain, have the rumors of the “death of the...more

Hogan Lovells

Can a term be implied into a UK lease so that it makes business sense?

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In the recent case of Rail for London v The Mayor and Burgesses of the London Borough of Hackney, the UK High Court considered what happens when the express terms of a lease do not reflect the wider business context....more

BCLP

MEES, The Next Chapter: Plotting Residential Real Estate’s Route to Net Zero

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MEES Regulations have meant that since 1 April 2020 landlords of residential property have been prohibited from letting out properties below a minimum EPC rating of E unless they have registered an exemption. With the last...more

Goodwin

Why Film and TV Studios Could Be a Blockbuster Alternative Asset Class

Goodwin on

Studios are excellent opportunities for operational real estate, with even more upside available to those who are able to provide important ancillary services. Achieving desired returns from traditional asset classes...more

Hogan Lovells

UK Landlord and Tenant Act 1954: what might reform look like?

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In the 20 years since the Landlord and Tenant Act 1954 (Part II) was updated in 2003, there have been increasingly vocal calls for it to be revisited. The government announced a review in December 2020, but this fell by the...more

McGuireWoods LLP

What UK Commercial Tenants Need to Know About Changes to Minimum Energy Efficiency Standards

McGuireWoods LLP on

Do the latest changes to the MEES Regulations apply to me? If you have a lease of a commercial premises that was granted before 1 April 2018 and the premises have an energy performance certificate (EPC) rating of F or G,...more

Hogan Lovells

UK MEES: Reviewing a greener future

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Camilla Lamont and Paul Tonkin consider the potential effects of the MEES Regulations on commercial lease rent reviews. ESG considerations are increasingly dominating the conversation between commercial landlords and their...more

Hogan Lovells

Green lease clauses in the UK: a litigious environment

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Green lease clauses are now fairly commonplace, with most leases including some sort of ‘green’ obligation. For example, many leases already include ‘green’ covenants relating to the manner in which alterations are carried...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

A&O Shearman

Interpretation: if you ask 100 lawyers...

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English lawyers often take pride in the certainty afforded to commercial parties who chose English law to govern their contracts. In many respects, this faith is well placed. But is it becoming increasingly hard to predict...more

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