Featured documents
R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
Most recent News
Real Estate: UK ( RE: UK) has issued its reply to the Ministry of Housing, Communities and Local Government ( MHCLG) consultation concerning classification of higher-risk building work......
In this issue: Key developments and horizon scanning Residential property Statutory compliance Environment, energy and buildings Property development Easements, rights and covenants Property taxes Property in Scotland Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers Key developments and horizon scanning Committee calls for Commonhold and Leasehold Reform Bill reforms to be brought forward On 27 May 2026, after reviewing the draft Commonhold and Leasehold Reform Bill in pre-legislative scrutiny, the Housing, Communities and Local Government Committee issued its findings. It urges ministers to introduce a suite of amendments to the final legislation so it genuinely caps ground rents, strengthens homeowner control and stamps out excessive charges, and to go further by establishing an independent regulator for managing agents. The paper backs the proposed £250 per annum...
Following consultation conducted between December 2025 and February 2026, the Department for Energy Security and Net Zero ( DESNZ) has released a summary of responses on proposed alterations to fees for energy infrastructure planning applications......
The UK Green Building Council ( UKGBC) has released a Whole Life Carbon ( WLC) Framework to assist the built environment sector in cutting and controlling carbon emissions throughout buildings’ life cycles and back projects aligned with net zero......
In this issue Key developments and horizon scanning Property development Leasing property Transferring property Investigating title Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Key developments and horizon scanning MHCLG factsheet on implementation of the Renters’ Rights Act 2025 and social housing The Ministry of Housing, Communities and Local Government ( MHCLG) has issued a factsheet setting out implementation arrangements for reforms to assured tenancies in social housing under the Renters’ Rights Act 2025 ( RRA 2025). From 1 May 2026, the changes will extend to the private rented sector and to assured social tenancies where the landlord is not a Private Registered Provider ( PRP). PRP social tenancies are excluded at this initial stage, with inclusion instead scheduled from October 2027. Until that...
Crest Nicholson Regeneration Ltd and others v Ardmore Construction Ltd (in Administration) and others [2026] EWHC 789 ( TCC) What was the background? The claimants ( Crest), comprising developers and leaseholders, issued an application in the Technology and Construction Court before Constable J for building liability orders ( BLOs) under sections 130–131 of the Building Safety Act 2022 ( BSA 2022) against companies ‘associated’ with Ardmore Construction Ltd ( ACL), the design and build contractor on a residential development. Prior to the hearing, ACL entered administration. Crest asserted that ACL was liable for fire safety defects under section 1 of the Defective Premises Act 1972 ( DPA 1972) and sought to extend that liability to its associated companies. The application advanced two strands of relief. First, an ‘anticipatory’ BLO rendering the associated companies jointly and severally liable for any liability later...
In this issue: Commercial real estate finance Leasing property Property management Residential tenancies Statutory compliance Property in Wales Additional property updates this week Lex Talk®Property: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Commercial real estate finance Deliberate and unauthorised deed alteration renders legal charge void In Boult v Together Personal Finance Ltd [2026] EWHC 809 ( Ch), the Chancery Division overturned the County Court at Cardiff, finding that the rule in Pigot’s Case rendered a legal charge void. The appeal turned on whether a unilateral, material change to a deed made after execution—without the other party’s knowledge or consent—invalidates it under the 400‑year‑old Pigot principle. The respondent, Together Personal Finance Limited, had lent money to the appellant, Ms Myranna Boult, secured against her property, and later commenced...
The Ministry of Housing, Communities and Local Government ( MHCLG) has opened a consultation to fine-tune how building works are classified under England’s higher-risk building ( HRB) regime. Rather than altering the definition of HRBs, it examines whether the way works to those buildings are categorised is correctly calibrated. The existing framework—created in response to the Grenfell Tower tragedy and given effect through the Building Safety Act 2022—sets a hard boundary: once a building meets the HRB definition, a broad spectrum of works activates the full building control regime under the oversight of the Building Safety Regulator ( BSR). That stance echoes earlier interventions, such as the 2018 ban on combustible materials in HRBs, which likewise depended on clear, rule-based thresholds (notably height and use) that favour safety over flexibility. For commentary on HRB definitions and criteria, see Practice Note: Building Safety Act...
In this issue: Key developments and horizon scanning Residential property Statutory compliance Agricultural property Property development Environment, energy and buildings Property insolvency Transferring property Property in Scotland Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Housing minister confirms leasehold reform implementation delayed until approximately 2028 The Housing, Communities and Local Government Committee has released oral evidence from its pre-legislative review of the draft Commonhold and Leasehold Reform Bill, featuring testimony from the Minister for Housing and Planning, Matthew Pennycook, and MHCLG officials. Pennycook indicated that central leasehold reforms may not take effect until late 2028. He attributed the slippage to correcting significant defects in the Leasehold and Freehold Reform Act 2024, delivering a...
HMRC v Brzezicki [2026] UKUT 125 ( TCC) The taxpayer acquired a dwelling with six acres of land in total. Two acres ran alongside the River Meon and were cut off from the remainder by an artificially engineered carrier stream used to support the breeding of wild brown trout. Access over the water was by two modest timber foot bridges. He bought the property intending to launch a commercial fly‑fishing enterprise, which he proceeded to establish in the months immediately after completion. An amended SDLT return was then submitted applying the non‑residential bands on the footing that the property was of mixed use. HMRC subsequently issued a closure notice asserting the holding was residential, prompting an appeal. The FTT ultimately upheld that appeal, deciding that the two‑acre ‘island’ and the stream did not form part of the house’s garden or grounds. The UT,...
What are the practical implications of this case? HMO licensing aims to keep shared accommodation properly run and safe for residents. This judgment underlines the stringent bar for co‑operative societies trying to claim an HMO licensing exemption. Any organisation seeking to rely on it must have rules that explicitly require members to take every management decision; such powers cannot be handed to a committee. If a committee holds independent decision‑making authority, the exemption will not apply. H35 will probably now need to secure licences for all of its HMOs. The ruling brings welcome clarity to how HA 2004 operates and confirms that organisations cannot sidestep licensing duties through technical readings of constitutional rules that do not mirror genuine governance. It confirms that the exemption in HA 2004, Sch 14, para 2B applies only where members themselves make all management decisions....
In this issue: Residential property Property management Transferring property Corporate and structured property transactions Property development Environment, energy and buildings Easements, rights and covenants Property taxes Property in Wales Property in Scotland Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers Residential property Court of Appeal recasts meaning of ‘building’ in rights of first refusal In SGL 1 Ltd v FSV Freeholders Ltd [2026] EWCA Civ 267, the Court of Appeal ( Civil Division) upheld the appeal by SGL1 Limited (the Appellant) against FSV Freeholders Limited (the Respondent). The dispute concerned the construction of ‘building’ for Part 1 of the Landlord and Tenant Act 1987 and the validity of section 5 notices served by the administrators of Fox Street Village Limited. The central question was...
Periodic tenancies: what’s changing under the Renters’ Rights Act The Act will make the Assured Periodic Tenancy ( APT) the default form of residential letting, so agreements continue indefinitely rather than ending after fixed terms. Crucially, the Act’s measures will cover both existing and future arrangements, so all current residential tenancies will be converted into assured tenancies. The current law on SDLT SDLT is charged on the chargeable consideration for interests in land. When you purchase a house, SDLT is paid on the price you pay; when you rent, it is charged on the rent. Calculating SDLT on rent is complex and depends on the lease’s Net Present Value ( NPV). Currently, many residential tenancies in England do not attract SDLT because the first £125,000 of NPV is taxed at 0%. SDLT only applies at 1% to the portion of NPV above...
In this issue: Key developments and horizon scanning Environment, energy and buildings Transferring property Property development Property management Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Government response to contractual controls on land consultation The Ministry of Housing, Communities and Local Government ( MHCLG) (previously the Department for Levelling Up, Housing and Communities) has issued its reply to the consultation on contractual controls over land. The consultation sought opinions on proposals to improve openness around land held under private arrangements—such as options, conditional contracts and rights of pre-emption—by establishing a freely available dataset. MHCLG’s reply draws together respondents’ views and sets out decisions and forthcoming actions, including new duties to provide HM Land...
In this issue Key developments and horizon scanning Transferring property Leasing property Property management Property development Property taxes Property in Scotland Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content New starter content Trackers New Q& As Key developments and horizon scanning PLA comments on Law Commission's 14th Programme The Property Litigation Association ( PLA) has provided remarks on the Law Commission’s ongoing property law reform initiatives within its 14th Programme. Highlights include a further consultation on Part 2 of the Landlord and Tenant Act 1954, planned for spring 2026, which will centre on a ‘contracting out’ approach for business tenancies. A separate consultation on housing estates management is anticipated later in 2026 and may broaden right to manage...
Rates mitigation scheme for hereditament claimed as leased as a place of worship held invalid ( A& P68 Ltd v City of Bradford MDC) A& P68 Ltd v City of Bradford Metropolitan District Council [2026] EWHC 27 ( Admin) What are the practical implications of the case? This ruling aligns with the prevailing stream of authority that reduces the effectiveness of business rates avoidance arrangements in the wake of the Supreme Court’s decision in Rossendale BC v Hurstwood Properties Ltd [2022] AC 690. Additional confirmation can be found in Wigan Council and others v Property Alliance Group Ltd [2025] EWHC 2336 ( Ch) and R (on the application of Emeraldshaw Ltd) v Sheffield Magistrates' Court [2025] EWCA Civ 1601, with the courts acknowledging that Parliament is not generally taken to have intended tax exemption for transactions serving no purpose other than avoiding...
Lancaster City Council v SSHCLG [2026] EWHC 263 ( Admin) What are the practical implications of this case? This decision illustrates the situations in which a TCPA 1990, s 73 application can be relied upon to alter an affordable housing obligation. In this instance, that was achievable—together with a deed of variation amending the affordable housing provisions in the related s 106 agreement—because the original planning permission included a condition that controlled affordable housing by requiring compliance with a housing mix set out in an accommodation schedule. What was the background? Lancaster City Council ( LCC) granted planning permission in 2021 for up to 24 dwellings (the Original Permission), with a s 106 agreement (the Original Agreement) entered into alongside it to secure affordable housing. In 2024, the developer applied under TCPA 1990, s 73 to vary condition 11 of the Original Permission, proposing to alter the...
In this issue: Key developments and horizon scanning Residential property Property management Statutory compliance Easements, rights and covenants Property development Commercial real estate finance Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Explanatory notes and guidance on Renters' Rights Act 2025 The Ministry of Housing, Communities and Local Government has issued Explanatory Notes for the Renters’ Rights Act 2025 ( RRA 2025). These explain how the RRA 2025 will work in practice, setting out each provision’s effect, the context to legal rules being revised or replaced, and the intended use of new regulatory powers, with practical examples showing how tenancy, possession, rent, enforcement and discrimination measures will operate once commenced. See: LNB News...
The Mayor and Burgesses of the London Borough of Tower Hamlets v Various Leaseholders of Brewster House and Malting House [2025] EWCA Civ 1591 What are the practical implications of this case? This important ruling on service charges and lease construction for housing, real estate and local authority practitioners in the context of building safety remediation confirms a clear approach: broad “sweeper” management or safety clauses and wide, catch‑all expenditure wording will not readily be read as passing the cost of remedying inherent, pre‑existing structural faults to leaseholders. The courts will scrutinise context, the way clause lists are structured, and the commercial ramifications, and will require unequivocal wording before concluding that leaseholders accepted a potentially ruinous exposure for structural defect remediation. For Right to Buy leases in particular, the statutory scheme forms part of the relevant background because Parliament has expressly governed...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
