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Briefing Notes

Property e-bulletin – Issue 1

We are very pleased to bring you Druces’ first property e-bulletin. Aimed at a property professional/adviser readership, our intention is to bring you a regular collection of interesting recent property and planning focused news items.  The topics covered will be broad ranging, with each article a bite-sized consideration of some of the sector’s most topical issues. […]

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Landlords and Redevelopers beware!

The effect of the new business rates on statutory compensation All Landlords/Developers of commercial property occupied by a tenant protected by the Landlord & Tenant Act 1954 (a business tenancy) should be considering their budgets in light of the forthcoming business rates revaluation. See the example below as to how this might affect you. Those […]

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Residential Property Tax Update

SUMMARY It is important for any individual or company to consider the tax implications in advance of the acquisition or disposal of residential property. The law in this area has been subject to recent changes, some of the most significant of which are discussed below. STAMP DUTY LAND TAX CHANGES Residential property acquired on or […]

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Leaving Property In Another Country

Being able to leave your property to whoever you wish is regarded as an essential freedom in this country. Not necessarily so elsewhere. However, a new EU Succession Regulation, which takes effect on 17th August 2015, offers unprecedented estate planning opportunities for UK investors who own real estate in other EU countries. Broadly speaking, when […]

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Update On Registration Of Tenants’ Deposits For Residential Tenancies

Did you buy-to-let, are you a landlord of residential property, and have you registered your tenant’s deposit? The Deregulation Act 2015 received the Royal Assent on 26 March 2015, and while some provisions are yet to come into force, some came into force immediately. One of the features of the Act covers the obligation on […]

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Recovery Of Rent From A Commercial Tenant – Do I Have to Use CRAR?

We have received a number of enquiries following the introduction of Commercial Rent Arrears Recovery (CRAR) as to whether the new regime has to be used in preference to other methods of recovery. In short, the answer is that you do not have to use CRAR, and the other existing remedies to recover commercial rent arrears remain available (save […]

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Marks & Spencer Rent Refund Case Overturned In The Court Of Appeal

SUMMARY In Marks and Spencer PLC v BNP Paribas Securities Services Trust Company (Jersey) Limited & Anr [2014] EWCA Civ 603 the Court of Appeal overturned the High Court decision that Marks and Spencer PLC was entitled to be reimbursed rent paid in advance for a period of time following the expiry of a break notice terminating the […]

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Q&A On Charities And Property

Karli Hiscock, a Senior Associate in Druces LLP’s Property team and a member of the firm’s Charities Group takes us through a “Q&A” of some key issues for charities owning property. DOES A PROPERTY NEED TO BE HELD BY ALL THE TRUSTEES? If the charity is incorporated the property will be held in the names of the charitable […]

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The Risks Of Holding Over At The End Of Some Tenancies

The case of Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd has highlighted the potential financial implications for business tenants holding over following the expiry of a tenancy outside the Landlord and Tenant Act 1954 (“the Act”). In this case Barclays granted a 5 year lease to Erimus which expired in 2009. The lease was outside the Act. Erimus […]

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Managing Risk In Residential Construction Projects

Hardly a week goes by without London property owners looking to make the most of their property holdings, by extending horizontally (in outer London) or vertically, often downwards (in Central London). Unfortunately, too, hardly a week goes by without property owners falling out with their builders or architects because the building works are not going well, are weeks […]

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