Please note that this article only considers VAT issues in relation to overage payments – there are other tax issues which also need to be considered, which are beyond the scope of this article. Key Takeaways For housebuilders, overage can
More about Clarified guidance from HMRC on VAT treatment of overageGovernment had initially consulted on 2 options in relation to retention reform as part of its wider aims to improve late payment practices generally. Option A – to prohibit retention clauses and Option B – to allow the continued use
More about Retentions: going, going… gone?This episode explores what happens when tenants leave behind furniture, equipment, and other chattels at the end of a lease.
More about Real estate podcast: from insolvent tenants to furniture returns – navigating chattel issuesIn this episode Suzanne Gill and Rachel Fitzgerald discuss three variations of tenant repair obligations, including fixed‑term works, schedules of condition, and obligations requiring landlord‑surveyor approval.
More about Real estate podcast: futureproofing your dilapidations position at the lease negotiation stageThis episode, featuring Suzanne Gill and Ben Dunbar, examines two significant service charge cases that clarify what it means for a landlord to act “reasonably” when determining a tenant’s service charge proportion.
More about Real estate podcast: service charge apportionments – making the rational choice1. Gateway 2 progress Early indications are that the operational changes to the Building Safety Regulator (BSR) made in the latter half of 2025 are showing signs of cutting through the well-publicised Gateway 2 delays. Statistics released by the BSR
More about Building Safety: what to expect in 2026What happened? The Seller, Henley Developments, obtained outline planning permission for a residential development site in Ebbsfleet, Kent and exchanged contracts to sell one of the development parcels to Weston Homes for £14,500,000. Weston Homes paid a 5% deposit on
More about Termination clauses: start as you mean to finishCorporate structures offer no safe harbour. Recent rulings confirm that associated companies, parent entities and even later acquirers can be held jointly and severally liable for remediation costs – sometimes decades after construction. Judges scrutinise ownership links, financial interdependence and
More about Building Safety Act enforcement – six cases that have redefined liability and riskIn Almacantar Centre Point Nominee No.1 Ltd & Ors v Penelope de Valk & Ors, on appeal to the Upper Tribunal (UT) from the First Tier Tribunal (FTT), the UT has held that: Proving the existence of a “relevant defect”
More about Judicial guidance on defect claims and leaseholder protections under the Building Safety Act 2022A staged G2 application can now be made for new Higher Risk Building (HRB) developments — those over seven storeys or 18 metres — where works will be delivered in stages/phases. Each stage is assessed and approved separately by the
More about Staged HRB building control approvals – updated guidance