Ban on upwards-only rent reviews: Act receives Royal Assent, but the commencement date is yet to be confirmed The Government has implemented the surprise ban on upwards-only rent reviews (“UORRs”) in commercial leases that was tucked away in a bill
More about Quarterly in Advance: Commercial Real Estate – What is on the Horizon?KEY TAKEAWAYS New rules will require disclosure of contractual control agreements over land. A wide range of development-related rights will be caught. Key details must be submitted to the Land Registry within strict deadlines. Information will become publicly accessible, increasing
More about New transparency requirements for Contractual Control AgreementsKEY TAKEAWAYS Legislation banning UORRs is now in place, with commencement expected in 2027 or 2028. The ban will not apply to existing leases, subject to important exceptions. A retrospective element applies to certain tenancy renewal arrangements entered into on
More about Upwards-only rent reviews – preparing for a fundamental changePlease 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 overageThis 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 choiceWhat 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 this short video Partners Sarah Elliott (Head of Construction) and Matthew Pexton explore why standard form contracts, such as JCT, need to be amended to reflect the new Building Safety Act requirements.
More about Updating Contracts for Building Safety Regime