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Shoosmiths LLP | November 2023

Since April 2018, the Minimum Energy Efficiency Standard (MEES) has prohibited landlords from renting commercial properties that do not meet certain environmental standards ...

Shoosmiths LLP | November 2023

The court has considered the discretionary grounds of opposition under the Landlord and Tenant Act 1954 (“the 1954 Act”) in the recent case of Gill v Lees News Ltd [2023] EWCA Civ 1178. In the case, the landlord - Mr Gill - served counter notices in response to section 26 requests for renewal tenancies pursuant to the 1954 Act served by the tenant, Lees News Ltd ...

Dinsmore & Shohl LLP | October 2023

In commercial real estate transactions, time is money, execution is everything and projects generally do not move forward without a mortgage loan. Lenders and their counsel should view a project as if the lender is the eventual buyer, owner and seller. For developers, considering the transaction from a lender’s point of view can save them considerable time and money and expedite loan closing ...

Buchalter | October 2023

October 26, 2023 By: Jarrett Osborne-Revis In Breanne Martin v. Leslie Gladstone, the Second District Court of Appeal recently decided a case that could reverberate throughout the receivership and bankruptcy industries. This case comes at a propitious moment as bankruptcy proceedings and receiverships – particularly for distressed commercial real estate entities – trend upward in California ...

Shoosmiths LLP | October 2023

Only five months after its first reading on 17 May 2023, the future is already in doubt for key aspects of the Renters (Reform) Bill. The changes proposed by the Bill include the abolition of ‘no fault’ evictions under section 21 of the Housing Act 1988, meaning that landlords would be required to rely on the more combative section 8 process ...

Shoosmiths LLP | October 2023

The Product Security and Telecommunications Infrastructure Act 2022 (PSTIA) received Royal Assent on December 6, 2022. The PSTIA makes various changes to the Electronic Communications Code (the Code) – however, its intended effects are only being felt piecemeal, as its provisions are being slowly brought into force through secondary legislation. Ss ...

Shoosmiths LLP | October 2023

The flight to quality in the UK’s commercial real estate market has been covered extensively over recent months. Nowhere is this shift being felt more acutely than in the office sector. According to Cushman & Wakefield, take-up of Grade A office space in Central London reached 2.44m sq ft during the first half of 2023 - increasing by 7 per cent on the five-year H1 average. There are many factors driving this shift ...

The Philippine Securities and Exchange Commission ("SEC") issued SEC Memorandum Circular No. 17, series of 2023, titled Extension of Amnesty Applications until 06 November 2023 (SEC MC No. 17-2023 or the "Circular") to grant a final extension up to November 6, 2023 for amnesty applications for late and non-filing of general information sheets ("GIS"), annual financial statements ("AFS"), as well as non-compliance with SEC Memorandum Circular No ...

Shoosmiths LLP | October 2023

In recent times, the financial market has been abuss with discussions about the potential benefits of real estate tokenisation. Several initiatives worldwide, such as Propchain in Dubai, Vave and Equisafe in France, Propellr, Inveniam Capital Partners, and Fluidity in the United States, as well as Elevated Returns in the United States and Thailand, have taken the bold step of launching tokenised real estate projects ...

Carey Olsen | October 2023

For those considering such a move, there are various options open to them to make their relocation a reality: Residency Certificate for Persons of Independent Means Certificate of Permanent Residence for Persons of Independent Means  Certificate of Direct Investment  Residency Certificate (Substantial Business Presence) Residency Certificate for Persons of Independent Means A person can apply for a Residency Certificate for Persons of Independent Means ...

Carey Olsen | October 2023

The Government of Jersey has published an update on the implementation of mandatory Energy Performance Certificates for Jersey in relation to commercial and residential property. The update confirms that the planned new legislation will establish a framework for Jersey Energy Performance Assessments (JEPA), which will be the Jersey equivalent to Energy Performance Certificates (EPCs). This name change is to ensure that it is clear the Jersey assessments differ from those in the UK ...

Shoosmiths LLP | October 2023

One of the most common questions I receive from clients is around the termination of leases, with confusion reigning around the terminology and procedures used in Scotland. It is not surprising that when given a remit to consider the law of commercial leases, the Scottish Law Commission (SLC) first turned its attention to the law relating to the termination of leases at expiry. In October 2022, following consultations, the SLC published its Report on Aspects of Leases: Termination ...

Shoosmiths LLP | October 2023

In a recent update to the suite of Homes England standard shared ownership leases, England’s Regulator of Social Housing sought to align rent reviews with social and affordable rent tenures. In the process, it may have created more work for sector participants ...

Carey Olsen | October 2023

Trusts are used as a structuring mechanism in a range of legal contexts including wealth and succession planning, pensions, philanthropy, investment funds and various other commercial settings ...

Building any career or business can be difficult, but even more so in construction. A company or individual can ruin its reputation that it took years to develop by taking a political stance or posting the wrong thing online. It can be difficult to recover from blowing a bid, miscalculating an estimate, or being locked into a fixed-price contract and the cost of materials escalate more than your profit. One might have to close up shop or be demoted or terminated ...

Carey Olsen | September 2023

Overview Jersey property law is derived from a mixture of local statute and customary (common) law. Jersey's customary law has evolved from Norman-French law and is primarily contained in the judgments of the Royal Court of Jersey and the writings of local and French jurists. In Jersey law property is either "movable" or "immovable". These classifications are broadly similar to the English classifications as "personal" or "real" property ...

On complex construction projects, there may be multiple contractors, subcontractors, vendors, suppliers, and sub-subcontractors working along side one another. With various entities working parallel there are substantial risks that one contractor’s work will interfere with that of another contractor on the project. When the two parties have direct contracts with one another (e.g ...

Shoosmiths LLP | September 2023

Despite the risk of ‘greenwashing’ and some calls for business to row back from ‘non-essential’ commitments to focus on the bottom line of shareholder return, surely on a small planet of limited and dwindling resources which is getting ever hotter, a focus on ESG remains the general direction of travel, and Planet and People continue to count, not just Profit ...

A JV is commonly defined as a combination of two or more parties (people or entities) that is formed to acquire or develop and own, lease, manage and sell one or more real estate assets. The JV typically has two categories of partners: the “operating partner” and one or more “capital partners.” JVs are frequently used by experienced real estate developers to obtain the capital they need for their projects ...

Afridi & Angell | September 2023

Dubai’s real estate market has experienced significant growth in prices in the past few years. The average sales prices for residential properties in Dubai increased by 12% between 2021 and 2022 to reach AED 1,203 per sq ft. This is expected to increase even more by the end of 2023. In this market, off-plan properties appear to be a more affordable option to many purchasers as compared to completed properties ...

Shoosmiths LLP | August 2023

With the announcement of the Law Commission’s planned consultation on Part II of the Landlord and Tenant Act 1954, can changes be made to clarify and condense the statutory framework for renewals? One area ripe for reform is how the level of rent is determined, and in particular, the treatment of rent-free periods where no binding authority appears to exist - leaving a variety of often conflicting County Court decisions ...

Shoosmiths LLP | August 2023

Let’s be honest, it feels gloomy at the moment. The ramifications of 14 consecutive rate rises are now materialising – creating additional hurdles for those seeking funding and bringing developments forward. Rising borrowing costs will always put pressure on the living sector. However, the UK’s real estate industry is remarkably resilient ...

Shoosmiths LLP | August 2023

Artificial intelligence (AI) is revolutionising the global real estate landscape. In the United States alone, AI companies are predicted to have a 1.6m sq m real estate footprint by the end of 2023, according to JLL ...

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