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Legal advice

Why it is important to get proper legal advice?

Why it is important to get proper legal advice and why you should exercise caution when using the internet for legal advice. In a world where so much information is available freely online, do you still need the advice of a lawyer? A simple Google search of your legal problems can provide thousands of relevant articles, and perhaps a friend has shared information on social media that seems like the answer you are looking for. However, we would always recommend seeking proper legal advice - it could even save you thousands…

Construction industry

The construction industry to adapt to be more energy efficient

Tony Chauhan, Property Partner at Bowling & Co Solicitors comments on the Government's response to the consultation on Future Homes Standard (FHS), and consults on Future Buildings Standard. He explains that "the changes are going to have a positive impact upon the environment and will require the construction industry to adapt to be more energy efficient in the way they build. This will mean more cost and careful planning for construction methods." Background: In October 2019, the Ministry of Housing, Communities and Local Government (MHCLG) published a consultation on the…

Long leases for London's tenants

Long leases for London’s tenants

Sadiq Khan leads the way with long leases for London's tenants looking to get on the shared ownership property ladder. Affordable Housing Programme The Mayor of London, Sadiq Khan, has outlined plans to sell shared ownership homes delivered as part of his new Affordable Housing Programme with long leases for London's tenants on a standard 999-year lease term. Sadiq is determined that London leads by example and sets the benchmark for higher standards for leaseholders across the UK.  The new expectation, which was set out in a letter written by…

Court rules

Court rules in favour of business interruption insurance claims

  As coronavirus continues its freeze on normal life, with strict lockdown measures back in place, many businesses will have breathed a sigh of relief following a Supreme Court ruling (on Friday 15th January) confirming when business interruption insurance claims should be paid out during a pandemic. Lockdown and tier restrictions since March 2020 have seen many businesses temporarily closing down or making significant operational reductions for weeks or months at a time, resulting in huge damage to their operations and loss of income. Court rules in favour of business…

Stamp Duty Land Tax

Stamp Duty Land Tax: 2% surcharge for non-UK residents

In the Spring 2020 Budget the government confirmed that non-UK resident who bought residential property in England and Northern Ireland will be subject to an increased rate of Stamp Duty Land Tax (SDLT). A surcharge of 2 percent will be imposed on transactions with an effective date on or after 1 April 2021. A non-resident residential purchase (for more than £40,000) of a major interest in land, where the buyer is (or, if there is more than one buyer, includes) a person who is non-resident. On 26 October 2020, HMRC…

Notice periods

COVID-19: notice periods for seeking possession

The Coronavirus Act 2020 (CVA 2020), which came into force on 26 March 2020, extended the notice periods in relation to possession proceedings for certain residential tenancies. The provisions contained in Schedule 29 were originally due to end on 30 September 2020. COVID-19 notice periods for seeking possession have now been extended until 31 March 2021. The notice period that must be given in most types of notice seeking possession of residential properties in England or Wales between 29 August 2020 and 31 March 2021 is increased from three to…

Leasehold reforms

Upcoming leasehold reforms

Upcoming leasehold reforms are planned to make it easier and cheaper for people to buy their homes  In July 2020, the Law Commission (Commission) published Leasehold Home Ownership: buying your freehold or extending your lease, which set out recommendations to make it easier and cheaper for leaseholders to buy the freehold of their building or extend their lease. Housing Secretary, Robert Jenrick, announced on 7 January 2021 that, millions of leaseholders will be given the right to extend their lease by a maximum term of 990 years at zero ground rent…

Smoke and Carbon

Update to the Smoke and Carbon Monoxide Alarm regulations for residential landlords

In late 2020, the Ministry of Housing, Communities, and Local Government published a consultation seeking views on proposed amendments to the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (SI 2015/1693). Landlords of residential rented properties in England must comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. The aim of the consultation was to require landlords to: Install a carbon monoxide alarm in any room used as living accommodation where a fixed combustion appliance that uses any fuel type is installed (excluding gas cookers). Repair or replace…

Review of commercial

Review of commercial landlord and tenant legislation to be launched

Communities Secretary Robert Jenrick announced in December 2020 a review of the outdated commercial landlord and tenant legislation will be launched in early 2021, to address concerns that the current framework does not reflect the current economic conditions. This review will consider how to enable better collaboration between commercial landlords and tenants and also how to improve the leasing process to ensure our high streets and town centres thrive as we recover from the pandemic and beyond. The review of commercial landlord and tenant legislation will be launched this year…

Forfeiture

COVID-19 update: Protections from forfeiture for non-payment of rent

In October, our blog explained how commercial tenants should act without delay when applying for relief from forfeiture from non-payment of rent. A further update to this is that business tenants affected by COVID-19 will continue to benefit, until 31 March 2021, from: Protection from forfeiture for non-payment of rent. This will bring the length of time business tenants have been given support from the threat of eviction to one year. Restrictions on landlords recovering unpaid rent by the exercise of commercial rent arrears recovery. If you would like any…

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