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Real Estate Law Blog

2 August 2022

The importance of obtaining gas safety certificates before any AST is created

If a landlord did not obtain a GSC prior to the commencement of the tenancy the position is irremediable and the landlord cannot serve a s.21 notice to end the tenancy.

Peter Paul

16 May 2022

The Unintended House in Multiple Occupation

Instructing property guardians to occupy a vacant building may break the law if an HMO licence is not obtained following a ruling in the case of Global 100 Ltd v Jimenez and others.

Daniel Clyne

16 May 2022

Giving up possession on a break: the importance of yielding up vacant possession for conditional break clauses

In uncertain times, business tenants will look to minimise their property commitments in order to reduce costs. One of their options may be to exercise a break in a lease if such an option is included. However, case law has demonstrated the importance of tenants (and landlords) strictly complying with any conditions that are attached to a break clause. Often, this includes giving a landlord vacant possession, following the exercise of a tenant’s break notice. Failure to do so can be costly and have drastic consequences for a tenant; any failure to comply with a condition is likely to invalidate the break, resulting in the lease continuing for the remainder of the original term.

Peter Paul

22 April 2022

Economic Crime (Transparency and Enforcement) Act 2022 – The Long-Awaited Introduction of the Register of Overseas Entities

The Government has for some time promised to introduce a register requiring overseas entities holding UK property to identify its beneficial owners, in its effort to increase transparency in UK property ownership and reduce the attraction of the UK’s property market to money launderers. Indeed, we last blogged about the potential overseas entities register in May 2019. With UK-based entities subject to strict information-sharing requirements since 2016 (in the form of the register of People with Significant Control or “PSC Register”), many have been calling for an equivalent overseas entities register to be implemented to provide a way of tracking overseas owners who ultimately own and control UK land.

Tom Beak

15 March 2022

Top Tips for Commercial Landlords as Pandemic Restrictions Ease on Rent Arrears

Under s.82 of the Coronavirus Act 2020, a moratorium has been imposed on all landlords in England who have been prevented form forfeiting commercial leases on grounds of arrears with effect from 26 March 2020. Those restrictions are currently due to come to an end on 25 March 2022.

Claire Lamkin

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