Immobilier - Financement

eAlerts Récentes

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  07.03.2023

  England and Wales

  The simple ans­wer is the cor­rect ans­wer – The Su­preme Court con­firms the scope of Rent Re­pay­ment Or­ders in Ra­ku­sen v Jep­sen

  The Supreme Court was recently asked to determine whether Rent Repayment Orders (“RROs”) could be made not merely against a tenant’s immediate landlord but, also, against the superior landlord who might have little to no involvement in the day-to-day running of that tenancy. Such an outcome would give tenants far greater power to retaliate against rogue landlords while, perhaps, adversely affecting the growing rent-to-rent market.BackgroundThe purpose of RROs is to protect tenants by penalising landlords who commit one of a number of housing related offences. The most common offence...

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  07.02.2023

  United Kingdom

  HMRC up­date gui­dance on whe­ther off­shore unit trusts are re­qui­red to re­gis­ter on the Trust Re­gis­tra­tion Ser­vice

  HMRC have updated their Trust Registration Service (“TRS”) manual to state that unauthorised unit trusts (such as JUTs and GUTs) will need to consider whether they are required to register trust details on the TRS. Previous guidance stated that “unit trusts both authorised and unauthorised are not required to register”. We understand that the reason for this change is that, previously, HMRC had considered unit trusts not to be “express trusts”. If trustees have no UK tax liability, they will only be required to register trust details on the TRS if the trust is...

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  30.01.2023

  England and Wales

  Be aware of the key date of 1 April 2023 for MEES and com­mer­cial pro­perty

  Summary1 April 2023 is an important date in the application of minimum energy efficiency standards (MEES) to commercial property in England and Wales. From 1 April 2023, there will be a prohibition on landlords of commercial property continuing to let properties (whenever the lease was first entered into) with an energy performance certificate (EPC) rating of either ‘F’ or ‘G’ (i.e. that is “sub-standard”), unless certain exemptions apply.Further details1 April 2023 is an important date in the application of MEES to commercial property in England and Wales. From...

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  19.01.2023

  Royaume-Uni

  ABT Auto In­vest­ments Ltd v Aa­pico In­vest­ment Pte Ltd – im­por­tance of agreeing com­mer­cially rea­so­nable va­lua­tion me­thods

  In this Law-Now we discuss the recent case of ABT Auto Investments Ltd v Aapico Investment Pte Ltd [2022] EWHC 2839 (Comm) which involved the remedy of appropriation, an enforcement option available under the Financial Collateral Arrangements Regulations (“FCARs”). Appropriation may be used where security is created or arises under a security financial collateral arrangement and this is agreed between the parties. The FCARs were introduced in the UK to implement EU directives, the purpose of which was to simplify the process of taking security over financial collateral across the...

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  05.01.2023

  Royaume-Uni

  Im­por­tant dead­line im­mi­nent for Eco­no­mic Crime Act

  Summary The Economic Crime (Transparency and Enforcement) Act 2022 has set up a new Companies House register for overseas entities that own certain property registered at the Land Registry in England and Wales or the Land Registers of Scotland or Northern Ireland. The Companies House register contains information about the entity and its beneficial owners and the Act impacts on real estate transactions and their registration. There is an important deadline on 31 January 2023 for applications to Companies House to register on the new register and failure to do so may lead to criminal penalties....

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  21.12.2022

  England & Wales

  Dan­gers of being le­gally bound by emails

  Summary Another reminder from the courts of the need to take care when communicating by email to avoid unwittingly entering into a legal commitment. Details Back in 2019 we reported on the case of Neocleous v Rees, in which a property contract contained in a series of emails was held to have been validly signed by a solicitor on behalf of his client, by the automatic generation of the solicitor’s name, occupation, role and contact details at the foot of one of the emails. This decision caused senders of email communication to consider the implications of their name and other details being...

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