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An option to dispose of property does not necessarily give rise to a taxable disposal

In the appeal case of Krishnamohan v HMRC [2024] UKFTT 346, the UK’s First-Tier Tribunal (“FTT”) determined that an agreement titled “Option Agreement” that was entered into to dispose of certain properties, does not, for...more

UK Court ruled debenture is void for non-registration despite there being a Companies House registration certificate

In the recent case of Re VE Global UK Ltd (In Administration) [2024] EWHC 749 (Ch), the High Court explored whether a certificate of registration issued by Companies House can be considered as conclusive evidence of due...more

Government response to consultation on Building Safety Levy suggests it may not just apply to ‘higher-risk buildings’ in England

In this article, we discuss the key findings from the UK government’s response to the consultation on its new powers to impose a ‘Building Safety Levy’ (“Levy”) under the Building Safety Act 2022 (“BSA 2022”)....more

Finance Bill 2023-2024 Introduces Changes to REIT Rules

Amendments to the UK real estate investment trust (REIT) rules were introduced in the new Finance Bill 2023-2024, which is expected to become law in the summer of 2024. Published on 29 November 2023, the amendments reaffirm a...more

High Court Ruled That Lender Suffered No Loss Despite Negligent Valuation of Security

On 27 September 2023, the British High Court ruled that the claimant relying on the defendant’s report suffered no actionable loss, despite the defendant’s admission of negligence. ...more

Building Safety Act 2022: Key Provisions for Property Owners

The Building Safety Act 2022 (the “Act”) ushered in a comprehensive and rigorous building safety regime, particularly affecting certain residential buildings classified as “higher-risk building”....more

Building Safety Act 2022: What Lenders Need to Know

The enactment of the Building Safety Act 2022 (the “Act”) in the United Kingdom brings about significant changes to building safety regulations. While the Act primarily aims to enhance building safety standards, it also...more

National Security and Investment Act 2021, Part 4 – Impact on the Real Estate Finance Market

In this month’s edition of REF News and Views we are going to wrap up our series on the National Security and Investment Act 2021 (the “NSI Act”) and explore the NSI Act’s impact on the real estate finance (“REF”) market....more

National Security and Investment Act 2021, Part 3 – Sanctions for Non-Compliance

In this month’s edition of REF News and Views, we are going to continue our series on the National Security and Investment Act 2021 (the “NSI Act”) and explore the sanctions under the NSI Act for non-compliance. To...more

New EPC Regulations: What You Need to Know

Nearly 40% of global carbon dioxide emissions come from the real estate sector. With the rising focus on carbon emissions reduction and improving energy efficiency, it was inevitable that the UK government would turn to...more

National Security and Investment Act 2021, Part 2 – Notification and Intervention Provisions

In this month’s edition of REF News and Views we are going to continue our series on the National Security and Investment Act 2021 (the “NSI Act”) and discuss its notification and intervention provisions....more

New 8th Edition CLLS Certificate of Title: What You Need to Know

The City of London Law Society (“CLLS”) Certificate of Title is a standard form document that is used in real estate financings to provide lenders with an overview and certain certifications of the properties they are lending...more

LMA Senior/Mezzanine Facility Drafting Guide and LMA Intercreditor Agreements for Real Estate Finance Transactions – Updates...

The Loan Market Association has just published updates to its (a) drafting guide for its senior/mezzanine single currency term facility agreement for real estate finance multi-property investment transactions and (b) its...more

National Security and Investment Act 2021, Part 1 – Background and Key Features

In a series of articles in the coming months we will consider the National Security and Investment Act 2021 (the “NSI Act”) and its impact on the real estate finance market....more

Basel 3.1 – Implications for the Real Estate Finance Market

On 30 September 2022, the Prudential Regulation Authority (the “PRA”) published Consultation Paper 16/22 (the “Consultation Paper”) proposing for the implementation of Basel 3.1 standards in the UK. The consultation closes on...more

UK Budget 2023 – Sovereign Wealth Funds Not Subject to Corporation Tax

As part of the Spring 2023 Budget, Chancellor Jeremy Hunt has scrapped plans to require sovereign wealth funds to pay corporation tax on property and commercial enterprises. The United Kingdom (“UK”) government had...more

Interest Rate Hedging in Volatile Markets

The mini budget delivered by UK Chancellor Kwasi Kwarteng on Friday, 23 September received an overwhelmingly negative response from the financial markets. When Asian markets reopened on the Sunday night UK time that followed,...more

Turning to '22 December 2021 - The Way Forward: A European Perspective

In this the final edition of REF News and Views for 2021, we attempt to summarise the key movements and market activities we have seen within the European real estate finance sector − how this both impacted 2021 and how it is...more

Summer's Coming, May 2021 | Issue No. 24A - Further Blow to the Landlords? The Virgin Active Case and the New Restructuring Plan...

It’s not news that the COVID-19 pandemic has exacerbated losses in sectors that are reliant on footfall − namely, the retail and leisure industry. Prior to the pandemic, the general weakness in the “bricks and mortar” retail...more

The Changes Continue | February 2021 | Issue No. 21: Brexit Update – Changes to Loan Documentation

Following the expiry of the transition period which ended on 31 December 2020 at 11pm GMT (known as “IP Completion Day”), the UK is no longer a member of the EU. ...more

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