All Legal View articles – Page 2
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ProfessionalTighter regulation makes HMO investment an area for specialists
The Licensing of Houses in Multiple Occupation Order 2018 came into effect on 1 October, changing which residential properties will be categorised as houses in multiple occupation (HMO) for mandatory licensing purposes. From now on, properties occupied by five or more people, forming two or more separate households, will be ...
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ProfessionalA specialist environmental court is needed to avoid more blunders
In April, the European Court of Justice (ECJ) made a landmark ruling in the ‘ People over Wind ’ case pertaining to habitat regulations assessments (HRAs) for new developments, contradicting previously established practice and court rulings and attracting strong criticism from all corners.
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Professional‘Smash and grab’ adjudications appear to be in the spotlight again
In Grove Developments vs S T (UK) , Justice Coulson commented on the injustice that can flow from payment mechanisms in the Housing Grants, Construction and Regeneration Act 1996
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ProfessionalCouncils may push for reform to empty property relief after policy
Since 2008, when empty property relief was first introduced, the use of short-term lease arrangements as a form of business rates mitigation has become commonplace. This typically involves tenants taking short-term leases on properties, often on very favourable terms, allowing the landlord or property agent to reduce their business rates ...
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ProfessionalLandlords’ lofty rooftop plans may be blocked by lease ambiguities
With space at a premium, rents falling and landlords increasingly challenged to maintain profit levels, it is understandable that roof spaces offer considerable potential. Landlords in both the commercial and residential sector might think about developing upwards – either into the roof space or adding an extra storey. But who ...
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ProfessionalCourt of Appeal decision clarifies rules governing lease extensions
The Court of Appeal’s recent decision in Whitehall Court London v The Crown Estate Commissioners [2018] EWCA Civ 1704 has confirmed the position for the premium payable to extend a lease in relation to the so-called ‘no-Act’ assumption.
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ProfessionalTime to simplify over-complex right-to-manage legislation
When the right to manage was introduced by the 2002 Commonhold and Leasehold Reform Act, there were two key attractions.
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ProfessionalDraft legislation shines light on new UK property tax for foreign investors
Following the surprise announcement on 22 November that the scope of UK taxation of capital gains is to be extended from April 2019 to non-residents holding direct or indirect investments in UK commercial property, the keenly awaited draft legislation which will implement these changes was published on 6 July.
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ProfessionalHigh Court delivers landmark legal ruling on mobile phone masts
Landlords of mobile phone masts should check their rights after a landmark legal ruling in the High Court.
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ProfessionalLand valued on existing use values: no reason to abandon hope
Following the call for land valuation reform by Civitas, Shelter and the Centre for Progressive Capitalism, there has been much debate on the potential benefits of adopting an existing use values (EUVs) rather than ”hope value” model for use with CPOs.
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ProfessionalLandlords push back against CVAs to offset challenge of re-letting
Retailers, both big and small, continue to struggle against a backdrop of changing consumer shopping habits, ecommerce, rising labour costs and business rates, as well as a general fall in consumer confidence driven by economic uncertainty in the aftermath of Brexit.
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ProfessionalHigh Court challenge to the Government’s Right to Rent check rules
The Joint Council for the Welfare of Immigrants (“JCWI”) has been granted permission to pursue a judicial review that will challenge the legality of the government’s Right to Rent rules.
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ProfessionalDavid and Goliath: rethinking landowner and developer relationships
It is a scenario that is fairly commonplace in the UK: a landowner minding their own business will one day be approached by a larger developer, offering a significant sum of money for part or all of their land.
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ProfessionalAre CVAs being abused?
Landlord CVAs have become more and more prominent as 2018 has developed with a growing number of high-profile retailers and restaurant chains looking to reduce rental costs. Such a CVA will be imposed on landlords if 75% of all of the company’s unsecured creditors support it.
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ProfessionalNew rules on property disclosure are hot topic for divorce lawyers
There has been a trend in recent years for expensive UK properties, especially in London, to be held in offshore company structures, for privacy and tax reasons.
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ProfessionalAppeal decision is crucial in the fight against property fraud
Much has been written about the Dreamvar case – Dreamvar (UK) v Mishcon de Reya and others – because it concerns who bears liability in a fraudulent property transaction.
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ProfessionalBusinesses must take tax evasion facilitation offences seriously
The new corporate offence of failure to prevent the facilitation of tax evasion came into force last year. For obvious reasons, this is something that all involved with property transactions must get to grips with.
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ProfessionalLegislation to reverse ‘staircase tax’ doesn’t address all the issues raised by Mazars ruling
Draft bill not only fails to restore the pre-2015 ruling status quo, but ratepayers may also struggle to secure refunds.
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ProfessionalUK hotels can continue to expect a suite deal with overseas investors
The Government has announced a radical change to tax law, proposing to subject commercial property held by non-UK resident investors to capital gains and corporation tax – much investment in residential assets is already charged to UK tax. Announced in the 2017 Autumn Budget, the consultation has now closed with ...
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ProfessionalConsent to assign – taking the good with the bad
The legal profession was surprised in 2016 to learn that in the case of No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd the court ruled that one bad reason for refusing consent to assign a lease effectively trumped two other, good reasons.
