News & Analysis as of

Landlords European Union

McDermott Will & Emery

Update on Tax, Investment Funds and Real Estate Law - The VAT Exemption for Alternative Investment Funds Is Coming Soon

McDermott Will & Emery on

Management services for alternative investment funds (AIFs) will be free from value-added tax (VAT) starting in 2024. This is good news for Germany as a fund location because there will finally be alignment with the more...more

K&L Gates LLP

Overriding Interest Summer 2023

K&L Gates LLP on

Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest & Firm News - Events - Pro Bono Update - Case Reports ...more

Hogan Lovells

Navigating the nuances of investing in European residential real estate

Hogan Lovells on

In the global real estate industry, there has been little escape from tales of economic woe recently. But there are still many with money to spend, and given the uncertainty around office, retail and leisure following the...more

K&L Gates LLP

Global Office Asset Trends: A Look at 2023 and Beyond

K&L Gates LLP on

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

Morrison & Foerster LLP

MoFoREAL: European Real Estate Newsletter (Q3 2021)

Welcome to the latest edition of MoFoReal, our newsletter highlighting recent activities and other developments in MoFo’s European Real Estate team. We hope you enjoy it and would really appreciate your feedback and...more

K&L Gates LLP

Overriding Interest Summer 2021

K&L Gates LLP on

Welcome to the latest edition of Overriding Interest. Inside this issue: - Minimum Energy Efficiency Standard (MEES) - Update for Europe COVID-19: Government Extends Moratorium on Commercial Leases Until March 2022 ...more

Hogan Lovells

The Federal Constitutional Court declares Berlin's rent cap unconstitutional

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On March 25, 2021, the Second Senate of the Federal Constitutional Court declared the Law on Rent Restrictions in the Housing Sector in Berlin (MietenWoG Bln) to be incompatible with the German Constitution and therefore null...more

Hogan Lovells

COVID-19 – New Higher Regional Court rulings on the obligation to pay rent during the first lockdown

Hogan Lovells on

In February 2021, three Higher Regional Courts had to deal with the question of whether and on what legal basis the rents agreed in individual cases are to be temporarily reduced due to the official closure orders during the...more

Hogan Lovells

New judgement on § 313 of the German Civil Code (BGB) in connection with COVID-19

Hogan Lovells on

Consequences for the hotel industry - According to a recent judgement of the Regional Court of Munich, the circumstances of the specific individual case must still be taken into account when determining the amount of rent...more

Hogan Lovells

Hotel contracts - Deferred or suspended rent due to Corona

Hogan Lovells on

Does the owner bear the risk in case of bankruptcy? Due to the tense situation in the hotel industry, various lessees are currently approaching their lessors asking for deferral or abatement of rent payments for the...more

Hogan Lovells

Corona virus as a force majeure event in hotel lease agreements

Hogan Lovells on

Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more

Hogan Lovells

Corona Crisis and Lease Law in Germany

Hogan Lovells on

The Corona Crisis has hit the real estate market in general, but in particular it is impacting the retail and hospitality sectors. The scale and business relevance of the Corona Crisis is somehow unprecedented, and therefore...more

Hogan Lovells

COVID-19: Crisis-related exclusion of termination right on landlords takes effect

Hogan Lovells on

On April 1, 2020, an exemption from the landlord's termination right comes into force, which protects tenants against the loss of their apartment or commercial space in the event of late payment of the rent. However, this...more

Hogan Lovells

Default of rent payment due to the COVID 19 pandemic – Tenant easement at risk?

Hogan Lovells on

Tenants who cannot longer pay their rent due to the effects of the COVID 19 pandemic do not have to fear a termination of the lease agreement by their landlord due to late payment as per § 543 (2) clause 1 No. 3 of the German...more

Hogan Lovells

Court decides on the provisional deferral of rent for the hotel W Amsterdam – A trend for the jurisdiction in the Netherlands?

Hogan Lovells on

In summary proceedings (kort geding) the tenant of the hotel W Amsterdam has obtained an injunction in the form of a provisional order pending a final decision. The provisional order provides that the tenant may postpone its...more

Hogan Lovells

COVID-19 - Modification to the disruption of the business basis in commercial lease law planned

Hogan Lovells on

German government plans to qualify usage restrictions due to state Covid-19-related measures as a disruption of the business basis of lease agreements. On 13 December 2020, the Federal Government and the Minister Presidents...more

Hogan Lovells

COVID-19 pandemic update on lease law in The Netherlands

Hogan Lovells on

As an introductory comment, the Dutch district courts and courts of appeal have judged exclusively in interlocutory proceedings (kort gedingen) in disputes concerning the tenants’ obligation to pay the contractual rent during...more

Hogan Lovells

§ 313 BGB and governmental Corona measures - “Course Correction” for commercial leases

Hogan Lovells on

With our blog post of December 14, 2020, we had already pointed out the corresponding legislative initiative. In record time, two new provisions on commercial leases (excluding residential leases) were subsequently adopted on...more

Hogan Lovells

Catalonian Government regulation for industrial and commercial leases affected by COVID-19 restrictions

Hogan Lovells on

Last November 18, 2020, the validation of Decree-law 34/2020, of 20 October, was published. This Decree-law has an important impact on industrial and commercial leases as it may allow tenants to request rent reductions or to...more

Haug Partners LLP

Intermediary Liability and Indirect Infringement for Marketplaces in Europe and the United States

Haug Partners LLP on

Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more

McDermott Will & Emery

COVID-19 UK Lockdown – A Time to Consolidate, Update and Innovate

McDermott Will & Emery on

The requirement to stay at home is giving many of us the opportunity to undertake (or no excuse to ignore) the household and DIY tasks at home that have long been at the bottom of the to-do list. Similarly, directors,...more

Alston & Bird

COVID-19: What It May Mean for European CMBS Loan Servicers

Alston & Bird on

Our London Finance Team examine the issues UK and European commercial mortgage-backed securities (CMBS) servicers face when borrowers affected by the COVID-19 pandemic seek to negotiate amendments and waivers to their loan...more

Hogan Lovells

COVID-19 – Real Estate Tax Issues in Europe

Hogan Lovells on

There are huge challenges for the real estate sector in Europe in the current environment, with tenants looking to re-negotiate leases or unable to pay their rents, property valuations looking very uncertain, affecting...more

White & Case LLP

European Real Estate Finance: Recent developments – June 2019

White & Case LLP on

As part of our periodic updates, here is an overview of recent developments of relevance to participants in the real estate finance market across certain key jurisdictions in Europe....more

Dechert LLP

Not Everyone Finds Brexit Frustrating

Dechert LLP on

The English High Court has ruled that Brexit cannot be used as a reason to terminate a contract on the grounds of frustration. While the judgment concerned the effects of Brexit on a commercial lease, it reaches further than...more

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