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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The type of tenancy and the rules for renting a home in Wales changed with the implementation of the Renting Homes (Wales) Act 2016 (‘The Act’) which came into force on 1 December 2022. The Act aims to improve the security of tenure for tenants and make it easier for them to rent but it could be perilous for landlords and they must ensure that they familiarise themselves with its requirements. The Act introduces standardised terms to all contracts.
The 10% mandatory Biodiversity Net Gain (BNG) requirement for new developments is fast approaching. Defra (Department for Environment, Food and Rural Affairs) confirmed last week that enforcement is expected to commence from November 2023. Whilst some of the detail is awaited in secondary legislation, the ongoing consultation period has revealed how this might affect developers in practice.
As of 1 April 2023, commercial landlords will need to make sure their property has an Energy Performance Certificate (EPC) rating of at least E or face possible penalties. The government estimates that in order to meet this standard the percentage of commercial properties in the UK that will need to be upgraded will increase from around 10% to around 85%.
In the case of Sara and Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd the Supreme Court upheld by a 4:1 majority the Landlord’s claim for unpaid service charge and that the service charge certificate was conclusive as to the sum following certification that the Tenant was liable to pay. However despite the lease having a set-off provision prohibiting any right to set-off or counterclaim, the Supreme Court held that Blacks/the tenant was not entitled to withhold payment but such wording did not prevent the tenant’s right to dispute the service charge bill and if necessary seek repayment - its purpose was solely to prevent the Tenant from withholding payment.
Matt Spencer and Charlotte Jeanroy published in ThoughtLeaders4 Private Client Tax Magazine discussing Stamp Duty Land Tax (SDLT).
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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