Property Law

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......

HMRC has revised VAT Notice 742A about opting to tax land and buildings......

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 LexTalk®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 ceiling on...

This Practice Note sets out what is meant by a ‘lease re-gear’, identifies typical catalysts for re-gears and the commercial motivations for both landlords and tenants. It also highlights examples of lease provisions commonly revisited on a re-gear and outlines how a re-gear might be structured. What is a lease re-gear? A ‘lease re-gear’ is a commercial label for renegotiating the terms of a lease during its term. While the phrases ‘lease variation’ and ‘lease re-gear’ are often treated as equivalent, a re-gear does not necessarily include a formal lease variation. A formal variation is only one method to achieve a re-gear, and additional transactions are frequently required to give effect to the new commercial understanding between landlord and tenant. Depending on the agreed position, a re-gear can involve: a deed of variation a surrender and re-grant (for example, surrender of the existing lease by deed or by...

This Practice Note explores keep open clauses in Scottish commercial leases. It explains what a keep open clause is and why parties may wish to include one in their lease; identifies key points for a solicitor when drafting; and outlines the remedies a landlord may seek where a tenant breaches the clause. It also briefly contrasts the enforcement approaches in Scotland and England, and notes the factors considered by the Scottish courts during enforcement. The Practice Note does not address the legal position outwith Scotland, other than short commentary on the difference in the English and Scottish court’s approach to enforcing keep open clauses. Accordingly, it does not cover drafting issues for English solicitors or the English common law. User restrictions and matters relating to change of use provisions are likewise excluded. Keep open clauses-the basics Common law...

Introductory guide to non-contentious property law and practice This starter guide is written for trainees and others new to the Property practice area. It sets out the core principles that govern property law and everyday practice, and signposts numerous Lexis+® UK resources offering fuller coverage of the subjects introduced here. Newcomers will also find the Overviews within each Property topic helpful. If an issue is not addressed within this basic guide, return to the Property homepage to explore further content, or use LexisAsk to put a question to the team. Topics covered What do property lawyers do? Land ownership Land registration and HM Land Registry Transferring land—residential and commercial conveyancing Mortgages and legal charges Leases, licences and the nature of occupation Commercial leases Commercial leases and the Landlord and Tenant Act 1954 Residential leases ...

Important This document is legally enforceable. Please read it thoroughly to ensure it includes everything you require and confirms there is nothing you are unwilling to accept......

IMPORTANT—THIS LEASE IS A LEGALLY BINDING DOCUMENT. Before signing, read it in full to be sure it includes everything you require and omits anything you find unacceptable. Do not execute this document unless you have first sought legal advice on it from a solicitor or licensed conveyancer who is independent of the landlord. HM Land Registry Prescribed Clauses LR1. Date of the lease [ date ] LR2. Title Number(s) LR2.1 Landlord’s title number(s) [ title number(s) from which this lease is granted (leave blank if the landlord’s title is unregistered) ] LR2.2 Other title numbers [ existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made ] LR3. Parties to this lease ...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance regarding the Act’s impact on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. WARNING These standard replies to enquiries serve only as a template and launching point to help the Seller prepare tailored answers. They are not a definitive, exhaustive or advised checklist and must not be adopted without thoughtful review and specific modification to reflect the particular transaction. As replies to enquiries form part of the contract, it is vital they are precisely adapted to the facts and exclude any inaccurate or flippant remarks. They should likewise avoid stock phrases, for example ‘Not to the Seller’s knowledge’, unless the Seller has sought to obtain a fuller response to the enquiry. Using such wording carries an implied assertion that the Seller has...

Section 3 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) Section 3 of the Landlord and Tenant (Covenants) Act 1995 states that, for any tenancy to which the LT(C)A 1995 applies, every landlord and tenant covenant attaches to and is inherent in the entirety of the demised premises and their reversion, as well as in each and every part, and on an assignment of the whole or any part of the premises or of the reversion, those rights and obligations pass in line with the section, and will do so automatically on such assignment. This signifies that covenants are not, save for specified exceptions, personal as between the parties; rather, they relate to, and run with, the land......

An Energy Performance Certificate (EPC) An EPC assesses how energy efficient a building is, scoring it from A to G, with A representing the greatest efficiency. It is illegal for a landlord to let a commercial property with an F or G efficiency rating unless a valid exemption is in place. A landlord must hold an EPC in these situations: when renting out or selling the premises; when a building that was under construction is completed; or when changing the number of areas intended for separate occupation and this includes providing heating, air conditioning or ventilation systems. An EPC is valid for ten years. Certain exemptions apply, including both short and long tenancies......

This Q&A proceeds on the basis that the query concerns a tenancy in England. Section 21 notice Within 30 days of receiving a rent deposit, the landlord must satisfy the initial obligations of the tenancy deposit scheme (TDS) by supplying the tenant, and any person who pays the deposit for the tenant (i.e. the ‘relevant person’), with the prescribed details about the TDS, the deposit, and the assured shorthold tenancy (AST) (see section 213(3)–(6) of the Housing Act 2004 (HA 2004), as amended, and Practice Note: Tenancy deposit schemes). Non‑compliance may carry potential consequences indeed......