Immobilier - Financement

eAlerts Récentes

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  13/09/2024

  United Kingdom

  Data Centres officially designated as “Critical National In­fras­truc­ture” – the first CNI designation in nearly a decade

  Summary 12 September 2024 was an important milestone for the UK’s digital future as the UK government has officially designated data centres, which store a substantial portion of the nation’s data, as ‘Critical National Infrastructure’.Designation of data centres as Critical National Infrastructure (CNI)This is a significant decision which acknowledges the key role and fundamental importance that data centres now play in today’s digital economy and modern-day life where the use of AI is growing exponentially.  Data centres are the central nervous system of...

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  13/09/2024

  England

  Outlawing of section 21 no-fault evictions and other major changes in the Renters’ Rights Bill

  Summary  The Renters’ Rights Bill will make significant changes to the residential private renting system. While the headline may be the abolition of the section 21 no-fault eviction, there are fundamental changes throughout the system, further detailed in this Law-Now. Key aspects of the Renters’ Rights BillThe changes below apply to England and in some places the devolved administrations are mentioned.  This is a lengthy Bill and we have split coverage into particular topics headlined below.Abolition of section 21 evictions and other grounds for possessionOutlawing...

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  19/08/2024

  England and Wales

  The approach to non-compliance: Supreme Court unanimously rules that failure to serve a statutory notice on a landlord did not invalidate a right to manage claim

  SummaryThe Supreme Court has delivered its judgment in the second ever “leapfrog” appeal from the Upper Tribunal (Lands Chamber) in the case of A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The Court dismissed the appeal and found that the failure to serve a claim notice on a landlord did not prevent the transfer of the right to manage under the Commonhold and Leasehold Reform Act 2002 (the “CLRA”).Importantly, the Supreme Court confirmed the appropriate approach in cases of statutory procedural non-compliance, where the statute is silent...

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  01/08/2024

  United Kingdom

  Significant Electronic Communications Code decision on terms of telecoms lease

  Summary  The Upper Tribunal has delivered a significant decision on the terms of a lease renewal of a greenfield telecommunications site under the Electronic Communications Code. In particular, in deciding the terms of a landlord’s break right the Tribunal determined that proof of the relevant intention to redevelop was required only at the time any dispute was heard by the Tribunal, and not when notice was given to terminate the lease. The Tribunal’s determination relating to the amount of rent under the lease is also significant since it is the latest in a line of decisions applying...

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  24/07/2024

  England and Wales

  Court of Appeal puts default interest rate clause to the test in Houssein v London Credit Ltd (2024)

  Two important issues in the context of financing transactions were considered by the Court of Appeal in the recent decision in Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721 (28 June 2024):whether the contractual default interest constituted an unenforceable penalty – the High Court at first instance having found that the default interest rate of 4% per month to be unenforceable as a penalty; and should the default interest not be enforceable, whether non-default interest would continue to accrue after the repayment date.The facility in question set out...

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  18/07/2024

  England and Wales

  Significant residential leasehold reform signalled by Labour Government

  Summary  The first King’s Speech of the new Labour Government was delivered on 17 July 2024, bringing with it a renewed focus on the living sector including renters’ rights and the promise of further residential leasehold reform. You would be forgiven for experiencing a sense of déjà-vu following our report on the November 2023 King’s Speech Reforming the Housing Market: A word from the King (cms-lawnow.com), but a new Renters’ Rights Bill has been announced along with a new Leasehold and Commonhold Reform Bill. Additionally, an intention to bring into...

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