Maples Teesdale LLP

Indefinite delay to no-fault evictions

The government has halted its plans to implement the abolition of the section 21 procedure of the Housing Act 1988, otherwise known as “no fault evictions”.

Shopping Centres – a new lease of life

Shopping centres are taking on a new lease of life, post-pandemic. These spaces, when managed correctly, can play a pivotal role in local development, and can act as focal point for the community.

Nutrient neutrality: still a major planning issue

Nutrient neutrality are words that many developers just don’t want to hear. The concept stems from EU legislation and case law about the adverse impact that nutrients from sewage can have on protected nature zones.

Relaxation of permitted development rights: has the pendulum swung too far?

In order to further support housing delivery, the government is seeking views on amending existing permitted development rights which allow the change of use of certain buildings to residential. This will provide further flexibility and support the creation of more homes.

Optimism among hospitality leaders grows again

62% of leaders currently feel optimistic about prospects for their business over the next 12 months.

Crooked House - a planning perspective

"Britain's wonkiest pub", Crooked House, was gutted by fire Saturday 5th August.

Relaxation of permitted development rights: has the pendulum swung too far?

The Department for Levelling Up, Housing & Communities (the “DLHC”) have recently published an open consultation seeking views on proposed Permitted Development Right changes to the Town and Country Planning (General Permitted Development) (England) Order 2015.

The new JCT 2024 suite of contracts: little green persons delayed completion

So, all those conspiracy theorists were (and are) correct after all; little green persons and UAPs (formerly called UFOs) do exist. And if they do exist, what does the new suite of JCT building contracts planned for 2024 say about this?

Cashflow may be King but adjudication does not always work as planned

Cashflow may be King but adjudication does not always work as planned: J&B Hopkins Limited v. A&V Building Solution Limited (a legal saga)

South West Terminal Ltd v. Achter Land & Cattle Ltd

The judge decided, on the facts, that a ‘thumbs up’ emoji amounted to an acceptance of an offer with the intention of creating a legal relationship supported by consideration.

Model Provisions for Sustainability-Linked Loans – Key Features

The LMA has published model provisions for sustainability-linked loans, following the recent updates to the Sustainability Linked Loan Principles (‘SLLP’) and the Guidance on Sustainability-Linked Loan Principles (the ‘Guidance’).

Financing Green Hospitality: Empowering Hotels with Green Loans and Sustainability-Linked Loans

It is estimated that there are over 17.5m hotel rooms globally, with more in the development pipeline. The hotel sector, like the broader built sector, therefore, has a significant role to play in shaping the future of buildings and their carbon footprint.

Mandate letters – a strict interpretation

Mandate letters, or commitment letters, are sent by an arranging bank (an ‘arranger’) to a borrower in syndicated transactions.

The Register of Overseas Entities – annual update

In our previous REF Insights we wrote about the register of overseas entities (the “ROE”) which was established by the Economic Crime (Transparency and Enforcement) Act 2022 (the “ECTEA”) and went live at Companies House on 1 August 2022.

This isn't just a planning decision, this is an M&S planning decision

Last Thursday, the Secretary of State for Levelling Up, Housing & Communities rejected Marks and Spencer’s scheme for the demolition and redevelopment of their flagship Art Deco store at Marble Arch.

Is the Infrastructure Levy IL- conceived?

The Levelling Up and Regeneration Bill has already faced several rounds of markups, and the Secretary of State for the Department of Levelling Up, Housing and Communities, Michael Gove, may be faced with another round.

Levelling Up – Soon to be an Act

The Government’s Levelling Up and Regeneration Bill is finally getting close to being made law.

Focus on… Sustainability Linked Loans

Sustainability linked loans (′SLLs′) are loans where a proportion of the interest rate is linked to the borrower’s ability to meet sustainability targets. They can help to bolster a company’s existing ESG strategy, regardless of how advanced it is. Such loans are not new, but they are evolving.

Appropriation – An Under Used Remedy!

Lenders will often take security over a borrower’s shares, which gives them the option to enforce their security through a sale of shares. However, there is another self-help remedy available to lenders – appropriation.

The SVB Story – a Series of Avoidable Events

Markets are still feeling the reverberations from the failure of Silicon Valley Bank (SVB), the second biggest US bank collapse in recent history.

Maples Teesdale announces new Managing Partner

Paul Burke sets out vision for growth at the UK’s leading specialist real estate law firm.

Time to pay up? Guarantees and Indemnities Part Two - Indemnities

Following on from our first article on guarantees, we turn to indemnities.

Time to pay up? Guarantees and Indemnities Part One - Guarantees

Taking advantage of existing guarantees and indemnities may be an attractive option in the current market. Alternatively, parties to new leases and contracts may require guarantees or indemnities to get deals over the line.

A glimmer of hope for some business interruption policyholders?

Earlier this week the High Court handed down its judgment on the business interruption (“BI”) insurance test case brought by the Financial Conduct Authority (“FCA”) against 8 of the big insurance companies.

Are we really doing enough to encourage diversity and inclusion in the real estate sector?

In a recent fascinating Bisnow webinar Ana Klein of Maples Teesdale interviewed Ric Lewis of Tristan Capital and gave us a great insight into his thoughts on diversity and inclusion within the real estate industry, the Black Lives Matter movement, the current global situation and more.

How will leases change as a result of Covid-19?

Covid-19 is already impacting on legal documents. Tenants are requesting the suspension of rent clause to be extended to include not just physical damage to buildings but also when premises cannot lawfully be accessed or used, or the tenant chooses not to access or use them, because of a pandemic.

Not as easy as EPC

The government has confirmed that the legal requirement to obtain an energy performance certificate (“EPC”) before selling or letting a property in light of the coronavirus pandemic remains in place.

Planning moves quickly for Covid-19

There has been understandable concern from developers and planning professionals alike regarding how the planning process can function in the period of lockdown brought about by COVID-19.

CIL - going through a phase?

The recent High Court decision in Oval Estates (St Peter's) Ltd (R) v Bath & North East Somerset Council highlights why developers should establish the phasing of a project at the outset. If they do not, they may find themselves paying the full Community Infrastructure Levy (CIL) payment upfront.

Could you claim against your contractor?

Property owners need to ensure that they are sufficiently protected in the event of damage to property caused by third party contractors. The issue arose in John Innes Foundation v Vertiv Infrastructure Limited ([2020] EWHC 19 (TCC)) where a management company was employed to take on responsibility