Property legal opinion

Comment from legal experts about legislation affecting the property sector.

Fibre optic cables

E-code clarifies relations between landowners and network operators

13 September 2017

The new Electronic Communications Code is expected to come into force later this year as a result of the Digital Economy Act 2017 receiving royal assent on 27 April.

Dunton Hills Garden Village

Leasehold reform paper needs a sharper focus to be successful

31 August 2017

It is a measure of how seriously the government is taking the housing crisis that, while in the middle of all-consuming Brexit negotiations, it has found the time to issue a consultation on leasehold reform for residential property in England.

Ian Borman

Incoming lease accounting changes demand careful consideration

18 August 2017

Yet another change to accounting principles is on the way. It is estimated to increase EBITDA of businesses by 10% to 40% and debt by between 10% and 98%.

Housing crisis

Wholesale ban on leaseholds would be counterproductive

8 August 2017

The government’s proposed ban on selling new-build houses on a leasehold basis is a welcome move intended to protect consumers from unfair and excessive ground rent and other charges. However, the real issue lies in the detail of leasehold sale agreements.

Cycle superhighway

Regulation has a key role to play in infrastructure improvement

14 July 2017

According to the McKinsey Global Institute, the world needs to invest $3.3trn (£2.5trn) in infrastructure annually up to 2030. The current level is around $2.5trn. This shortfall will have a real impact on cities - particularly global gateway cities such as London.

Telfords BTR scheme The Forge in Upton Park

Build-to-rent investors face range of potential taxation headaches

29 June 2017

The build-to-rent (BTR) sector has never been busier.


Legislation on the use of planning conditions may be superfluous

14 June 2017

Following government concerns about overly restrictive and unnecessary conditions causing delays to development, the Neighbourhood Planning Act 2017 includes provisions which, if brought into force, would permit the secretary of state to make regulations setting out that certain planning conditions may not be imposed in any circumstances.

Ground rents for sale

The ground rent trap may be unsprung sooner than expected

1 June 2017

The scandal of freehold ground rents has been widely publicised in recent times. After selling houses and flats with doubling ground rents between 2007 and 2011, Taylor Wimpey has set aside £130m to address this.

Case news

Exterior of The Cavendish Hotel

Protected business tenancies may not be so secure after all

27 July 2017

In S Franses Ltd v The Cavendish Hotel (London) Ltd, the High Court held that a landlord is entitled to refuse the grant of a protected business tenancy on redevelopment grounds even where the redevelopment is devised solely for the purpose of evicting the tenant and confers no other benefit on the landlord.

more property case news...

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