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Caroline May provides an overview of the proposed amendments designed to simplify the CRC ‘In August 2010, the government commenced a review of the CRC in response to industry criticism that the scheme was too complicated, bureaucratic and costly.’On 30 June 2011, proposed amendments to the CRC Energy Efficiency Scheme (formerly the Carbon Reduction Commitment) …
Continue reading "CRC: Proposals for reform"
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Both landlords and tenants should seek to protect themselves in anticipation of a possible change to the VAT treatment of service charges for common areas. Elizabeth Small and Alastair Robertson investigate ‘HMRC may be forced to alter its policy, and landlords and tenants should keep their respective positions under review.’The First-tier Tribunal has requested a …
Continue reading "Service Charges: The VAT conundrum"
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Dr Keith Shaw analyses the Court of Appeal decision in Ibrend Estates, and what vacant possession really means in practice ‘Tenants frequently misunderstand the requirements for the successful operation of a break option, and unwittingly find that they remain liable and tied to the covenants contained in their current lease because of a failure to …
Continue reading "Vacant Possession: A practical overview"
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Mark Pawlowski considers the rights of a lender when faced with an unlawful tenant on the mortgaged premises ‘Mere knowledge of the tenancy on the part of the lender was not enough and what had to be shown was a conscious decision not to contest the validity of the tenancy.’Most mortgages contain a prohibition on …
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Sarah Youren outlines a new regime to protect wildlife and the natural environment, and the government’s latest measures designed to speed up the planning process Natural England has launched an eight-week public consultation on a new enforcement regime to protect wildlife and the natural environment, including Sites of Special Scientific Interest (SSSI). The consultation period …
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Natasha Rees assesses the outcome of a case that highlights the intricacies of the notices required to recover service charges effectively ‘If a landlord falls foul of the limitation period they will be prevented from recovering any sums incurred outside the time limit, notwithstanding that such expenditure was reasonably incurred and the tenants have benefitted …
Continue reading "Residential Service Charges: Limitation on recovery"
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John Starr reviews the courts’ stance on shopping around for an expert ‘Recent case law shows the court’s discouragement of expert shopping moving to encompass pre-action activity as well.’Construction disputes invariably involve a number of third parties; professionals tasked in one way or another with helping to resolve the dispute. There are arbitrators, adjudicators, mediators …
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Neil Warriner , Isaac Zailer and William Arrenberg explain why UK parented real estate groups and UK intermediary companies need to pay careful attention to the government’s proposals ‘The CFC rules stop UK companies from avoiding UK tax by artificially diverting income to foreign subsidiaries resident in tax havens or low tax jurisdictions.’The real estate …
Continue reading "Controlled Foreign Companies: Effects of the new proposals"
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Kate New looks at the outcome of some cases where the contracting parties wished to alter, avoid or reinterpret the terms of contracts that they entered into before the market collapse ‘A complicated scenario arises when the court is faced with a complex agreement and asked to consider how serious a breach must be in …
Continue reading "Contracts: Desperate times call for desperate measures"
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Dan Hawthorne and Lydia Hutchinson explore the current UK REIT regime and the likely impact of the proposed changes introduced by the Budget ‘The attractions of an onshore investment vehicle, particularly from a regulatory and investor perception perspective, are considerable but, at present, do not outweigh the practical benefits of being offshore.’The 2011 Budget contained …
Continue reading "Budget 2011: REIT good news"
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