The recent High Court decision in the Cineworld restructuring plans case [2024] EWHC 2475 (Ch) again illustrates how even the most pro-active landlords cannot insulate themselves from the effects of a statutory restructuring scheme under Part 26A of the Companies Act 2006, despite determined and novel tactics by the two landlords, the Crown Estate
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Lease and Desist: The Case of Dr. Bijlani’s Botox Blunder
In the recent case of Bijlani v Medical Express (London) Ltd [2024] EWHC 2246 (KB), the High Court illustrated again that a landlord’s right to forfeit a lease is only a form of security for the tenant’s continuing performance of its obligations under its lease. If the landlord is not prejudiced by breach of a…
The Renters’ Rights Bill: Bad News for Landlords
Readers may remember our rather gloomy blog on Mr. Gove’s Renters’ Reform Bill. Our view then was that landlords didn’t need to panic – yet. Unfortunately, with the Renters’ Rights Bill, it may be time for landlords to start feeling distinctly anxious. The headline change in the Renters’ Reform Bill was to abolish so-called…
The King’s Speech: implications for residential property
The King’s Speech 2024, delivered on 17 July 2024, outlined the new UK Government’s legislative agenda for the next session of Parliament. The new MPs will be busy, with close to 40 separate bills slated for debate.
With regard to real estate, especially with the private rented sector, there is a distinct feeling of…
2024 election manifestos – real estate policies of the UK major political parties
The major political parties have all now launched their manifestos, with few surprises. In the table below, we compare and contrast the policies set out in the Conservative, Labour, Liberal Democrats and Green Party manifestos insofar as they might impact on the real estate sector. …
Landlord penalised for its evidence despite a successful application under section 30(1)(g) of Landlord & Tenant Act 1954 – McDonald’s v Shirayama [2024] EWHC 1133 (Ch)
Background
This case involved a dispute between McDonald’s Restaurants Limited (“McDonald’s”), the former tenant of part of the old County Hall building in London (the “Premises”), and Shirayama Shokusan Company Limited (“Shirayama”), the landlord of the Premises. McDonald’s had a protected lease of the Premises (i.e. benefitting from security of tenure under the Landlord and…
Where now for the Renters’ (Reform) Bill and the Leasehold and Freehold Reform Bill?
As the rain streamed down, Rishi Sunak stood outside Downing Street and announced that Parliament will be dissolved on 30 May 2024 ahead of the General Election on 4 July. However, no parliamentary business can be carried out after 24 May when Parliament is prorogued (suspended). …
Remediation Contribution Orders: An Olympic decision against developers and their parent companies
By Rona Ankrah
Background
The decision of the First-Tier Tribunal (the “Tribunal”) in Triathlon Homes LLP v Stratford Village Development Partnership and others [2024] provides the first indication of how the Tribunal will consider applications for remediation contribution orders (“RCOs”) made against a developer and its ultimate parent company.
The Facts
Stratford Village Development Partnership (“SVDP”) developed buildings…
Getting to grips with the new Building Safety Act Gateway regime – how will this impact development in the living sector?
By Tim Collier
One of the key parts of the Building Safety Act 2022 is the new Gateway regime for ‘higher risk buildings’, which came into full force on 1 October 2023 This is a three step approval process that is intended to ensure that, in the post-Grenfell landscape, building safety risks are properly scrutinised by the new…
It all depends – time is not always of the essence in contracts for the sale of land
Background
Cases on failure to complete sale and purchase contracts of land are not uncommon. Much rarer are disputes over the consequences of failure to pay the required deposit when the contract is formed, because the mechanics of the Standard Commercial Property Conditions require payment by electronic means from the buyer’s conveyancer on the same…