Shoosmiths' Natalie Aldread explores two recent cases and their implications for break options and the renewal of a business tenancy under the Landlord and Tenant Act 1954 It is often assumed that where renewal of a business tenancy under the Landlord and Tenant Act 1954 has not been opposed, the bar is reasonably low to include a landlord’s break option in the new lease. Two recent cases do, however, indicate that this is not always the case ...
A core aim of the Building Safety Act 2022 (BSA) is to ensure the real estate industry - rather than leaseholders or the taxpayer - meets building safety expenditure. One way this is to be achieved is by introducing the Building Safety Levy under s.58 of the BSA. The government has now moved one step closer to the implementation of the levy with the recent publication of a consultation outcome and the publication of a third consultation - closing on 20 February 2024 ...
Shoosmiths' real estate experts explore commonly encountered issues and also tips and traps for providing and receiving replies to Commercial Property Standard Enquiries. Replies to Commercial Property Standard Enquiries (“CPSEs”) are designed to provide practical information about the property to assist buyers and tenants with their due diligence ...
In another step forwards for consumer protection regulation, the UK’s Department for Business and Trade has confirmed further amendments to the Digital Markets, Competition and Consumers Bill to tackle deceptive trading practices in the digital realm. Following a comprehensive consultation into consumer transparency, the proposed laws will target ‘drip pricing’ by banning unavoidable hidden charges and make fake reviews illegal ...
Shoosmiths’ legal experts outline the key legal changes set to impact the UK’s real estate industry in 2024 and beyond. Introduction of biodiversity net gain in England New biodiversity net gain requirements will be introduced for large development sites from 12 February 2024 and are set to also apply to smaller sites from 2 April 2024. Biodiversity net gain aims to create and improve natural habitats by measuring the impact of a development on biodiversity ...
On 11 January 2024 the Financial Conduct Authority (“FCA”) published policy statement PS24/1 (without consultation). The policy statement sets out temporary changes to the complaints handling rules for motor finance complaints, amid a rise in complaints against motor finance firms relating to commission ...
To help the industry prepare, Shoosmiths’ construction specialists have outlined what legal developments may be in store for 2024. After a testing few years for the construction industry, 2024 is likely to be no breeze, with continued economic uncertainty and major regulatory reform on the way. To help the industry prepare, Shoosmiths’ construction specialists have outlined what legal developments may be in store for 2024 ...
The Court of Appeal confirmed that, on the proper interpretation of a reservation of rights clause, residential tenants had obtained a right to park on a private road outside their flats. In the recent case of Duchess of Bedford House RTM Co Ltd v Campden Hill Gate Ltd [2023] EWCA Civ 1470, the Court of Appeal has confirmed that, on the proper interpretation of a reservation of rights clause, residential tenants had obtained a right to park on a private road outside their flats ...
SyCipLaw Partner Benedicto P. Panigbatan responds to questions in relation to property ownership and foreign investment in the Philippines ...
Jonathan Smart, head of the mobility sector at Shoosmiths, comments on upcoming trends and developments to expect in 2024 for the sector. The automotive industry is in the midst of a transformative era, marked by technological breakthroughs and shifting consumer preferences. Staying ahead of the curve is crucial for industry insiders. Let's delve into five pivotal trends that are reshaping the landscape of the automotive sector ...
Following an antitrust investigation, in 2017 the European Commission had fined Google LLC and Alphabet Inc. a record €2.4 billion for abuse of Google’s dominant position. In brief, it found that Google was self-preferencing, by presenting results from its own Google Shopping first upon a so called “Google search”. On appeal to the General Court, the fine was confirmed in 2021 ...
The current exposure in the EU investment fund sector to the risks in real estate markets has been the subject of a recent publication, dated 10th January 2024, which was issued by the European Securities and Markets Authority (“ESMA”) as part of its ongoing Trends, Risks and Vulnerabilities (“TRV”) risk analysis ...
Please note the following press release. This press release is available at our homepage. Heuking advises Primus Valor group on the acquisition of several properties A Heuking team led by Dr. Sönke Görgens, Partner at the Hamburg office, legally advised Primus Valor group on the acquisition of several properties in Wolfsburg ...
By Christina Morgan and Steve Nakasone This year alone, seven new states have passed comprehensive consumer privacy laws. Businesses operating nationwide will soon have to contend with twelve separate consumer privacy laws. A current list of the states with consumer privacy laws, and their effective dates, is below ...
Shoosmiths' Living sector co-heads, Judy Fawcett, Kathryn Jump and Lisa Tye examine what 2024 might bring for the UK’s residential landscape. The Levelling-Up and Regeneration Act 2023 (LURA) is set to reshape the planning system and wider residential landscape in 2024. The Act introduces significant changes to the planning system, hinting at a shift toward centralised decision-making in the planning process – impacting all areas of the UK’s living sector ...
Shoosmiths' Judy Fawcett reflects on a roundtable the firm hosted in November 2023 - examining the partnerships model and the role it plays as part of the UK's living sector. “That’s the way we look at doing business. It is creating that partnership, relationship, that trust. And, hopefully that works both ways,” said Gwynn Thomson, investment director at Sigma Capital Group, during a roundtable Shoosmiths hosted in November 2023 ...
January 2, 2024 By: Braeden Mansouri and Alicia Guerra The California Legislature’s laser focus on addressing the state housing crisis did not subside during the 2023 legislative session. While legislators proposed over 150 housing bills, only a fraction of those bills were approved by both chambers. Still, Governor Gavin Newsom signed 56 housing bills into law ...
The Norwegian real estate market in 2023 has been characterized by uncertainty regarding inflation and interest rates. The key interest rate is right now at 4.5%, which is the highest rate since the financial crisis in 2008. As a consequence of the aforementioned uncertainty, we have seen decreased investments in the real estate market in 2023 compared to recent years ...
On December 21st, 2023, the Chilean Congress approved the bill that modifies Law No. 21,420, which amended the Mining Code as of January 1st, 2024; the Mining Code; the Constitutional Organic Law on Mining Concessions; and the law that creates the National Geology and Mining Service (the “Bill”). Main amendments introduced by the Bill 1 ...
In a circular dated the 18th December 2023, the MFSA introduced a framework for an additional fund structure within the jurisdiction of Malta, namely, the Notified Professional Investor Fund (“NPIF”). The NPIF framework is designed to reap the benefits of an enhanced and expedited onboarding process, while concurrently complementing extant fund frameworks in Malta ...
Convening Scheme Meetings: Cayman Islands Court in China Aoyuan confirms the applicable principles Introduction The first stage in any restructuring by way of a scheme of arrangement in the Cayman Islands involves meetings of such classes of creditors or shareholders (as the case may be) to consider, and if thought fit, approve the terms of the scheme. An application to Court is required for orders to be granted for convening such meetings ...
Changes to Stamp Duty, LTT & EPTT in Jersey Increase to the first-time buyer threshold The Law provides a welcome amendment to first time buyer stamp duty rates (and equivalent land taxes such as land transactions tax (LTT) in respect of share transfer properties and enveloped property transactions tax (EPTT)), with the maximum purchase price threshold for first-time buyers increasing from £500,000 to £700,000 ...
