Real Estate Law Blog

29 November 2018

“Improving transparency and integrity of information”- The impact of the Golden Thread on Principal Designers and Principal Contractors

In my previous blog, I concluded my review of how the roles and responsibilities of the key CDM duty holders may be applied to Higher Risk Residential Buildings (“HRRBs”). In this blog, I will explore the Hackitt Report’s recommendation for the introduction of a ‘golden thread’ of quality building information and what that means for Principal Designers and Principal Contractors.

Luke Gregory

2 November 2018

Right of Escape: Is it a licence or an easement?

It is not uncommon to find old buildings in Central London relying on a secondary means of escape over adjoining property, based on an old Deed providing for a right of escape (sometimes mutual). It can be very difficult, especially post Grenfell, to make an old building compliant with a single staircase means of escape, if the secondary means of escape ceases for any reason. Firstly, it may not be possible (for e.g. the single staircase may not have sufficient capacity), secondly, the cost may be prohibitive and/or thirdly it may restrict the potential uses of the building in the future.

David Newnham

25 October 2018

“Clarifying leadership, management and competence” | Applying the CDM Regulations to HRRBs | Part 2

In my previous blog I provided an overview of the history of health and safety legislation, and analysed the Hackitt report’s recommendation that the CDM Regulations should be extended to HRRBs. I concluded by looking at how the proposals may impact clients (as defined by the CDM Regulations). I continue the theme in this blog by reviewing the potential implications on the other CDM duty holders – Designers, Contractors, Principal Designers and Principal Contractors.

Luke Gregory

22 October 2018

Re-setting the calculation - One small step towards leasehold reformation

In December 2017, the government announced that it would ban the sale of houses on a leasehold basis and prohibit developers from selling leases of flats or houses that contain an obligation to pay ground rent.  The government is also committed to making it cheaper and easier for existing leaseholders to buy-out their freehold.  The Law Commission is considering three projects - read more

David Newnham

9 October 2018

The NeverEnding (Lease) Story: how poor drafting can create a 2000 year mistake

Imagine this scenario.  You own a site which is ripe for development in a few years. There are a number of tenants who still have leases which don’t expire for between two to three years, which fits in with your development timetable.  There was one vacant floor last year but you agreed to let that to a new small business tenant on a one year lease and since that tenant said they may want to stay longer, you agreed that they could have a right in their lease to renew for another year.  You agreed a low rent as it was such a short term and saved you the business rates.  You didn’t want to bother with solicitors so your agent just issued your standard short term lease and after a couple of amendments from the tenant, this was completed in a couple of days.

Angela Must

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