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Empty rates regime: mitigating charges

Tue, 07 Jul 2009 00:00 GMT

This high-level overview of the empty rates regime looks at possible ways to mitigate the charges, but specialist advice should be sought before implementing any of the strategies suggested below.

VAT on property: "solely" no longer means what it used to

Tue, 07 Jul 2009 00:00 GMT

HM Revenue & Customs' ("HMRC") revised interpretation of "solely" may make it more difficult for charities to avoid VAT when purchasing a building, but easier for purchasers of property that is to be used for relevant residential purposes.

Safeguarding development projects in a post-crunch economy

Wed, 01 Jul 2009 00:00 GMT

Shoosmiths, Allsop LLP and Barton Willmore have co-hosted a breakfast briefing aimed at developers and investors, examining ways to preserve development projects in a post-crunch economy.

Caution urged ahead of guidance on EU procurement ruling

Fri, 12 Jun 2009 00:00 GMT

Planning and procurement specialists at national law firm Shoosmiths have urged caution ahead of government guidelines aimed at clarifying European law on development scheme procurement.

Shoosmiths backs Regus' Get Started initiative with free legal helpline

Fri, 12 Jun 2009 00:00 GMT

National law firm Shoosmiths has helped Regus - the leading global provider of innovative workspace solutions - set up a free legal helpline service for its customers, including those on its Get Started programme.

A landlord's remedies during insolvency

Thu, 11 Jun 2009 00:00 GMT

A landlord may find its remedies are restricted when a corporate tenant becomes insolvent. However, it may still have other options.

Buying commercial property at auction: Avoid the VAT trap

Thu, 11 Jun 2009 00:00 GMT

Buying commercial property at auction may seem an attractive proposition when there is a bargain to be had. But the joy of purchasing a property cheaply can be short-lived if it triggers an unexpected VAT liability.

Barratts wrongly refused permission to connect to public sewer

Thu, 04 Jun 2009 00:00 GMT

An owner of premises is entitled to connect to a public sewer under section 106 of the Water Industry Act 1991 (WIA 1991).

Development levy delayed

Fri, 29 May 2009 00:00 GMT

The Government's timetable for introducing the proposed Community Infrastructure Levy (CIL) has slipped again.

CPO: New power to override third party rights

Fri, 29 May 2009 00:00 GMT

The Compulsory Purchase Order (CPO) is considered a magic formula for land assembly. And the icing on the CPO cake? The ability to deliver land with a clean title, which is vital for the successful implementation of development schemes.

Disclaimer in the modern world

Fri, 29 May 2009 00:00 GMT

If a tenant company goes into liquidation a liquidator can rid the tenant of its lease. This process is called disclaimer.

End of the line for 'twin tracking'?

Wed, 27 May 2009 00:00 GMT

It was not uncommon for developers faced with a planning permission refusal to submit repeat applications for the same development in the hope of ultimately securing approval.

Retaining privilege in legal advice

Tue, 26 May 2009 00:00 GMT

It is an important principle of justice that parties should be able to obtain legal advice without fear of that advice being disclosed to an opposing party.

Trade union members to get more legal protection

Thu, 14 May 2009 00:00 GMT

From later this year it will become unlawful to refuse to employ somebody because they are a member of a trade union.

Lifting developers' burden could kick-start housing schemes

Thu, 14 May 2009 00:00 GMT

Guidance on affordable housing provision and its viability appears to have been made without the recession in mind.

Budget 2009: What it means for social housing

Tue, 28 Apr 2009 00:00 GMT

Recognising that a buoyant property market is one of the drivers of the economy, the Chancellor has earmarked considerable funds to help assist the property and construction industries.

Budget 2009: Tax Summary

Thu, 23 Apr 2009 00:00 GMT

The Chancellor delivered the 2009 Budget on 22 April 2009. The following is a summary of the main points of interest.

Flexible office space: A wise alternative?

Thu, 23 Apr 2009 00:00 GMT

Selecting the right property for your business is vital for success, and likely to be your biggest expense after staffing costs. So in the current market, flexible office space may be a wise alternative to a traditional leasing commitment.

'The tenant's gone bust!'

Tue, 21 Apr 2009 00:00 GMT

Not something a landlord wants to hear. But what does it mean? Before a landlord can consider what remedial action is available against a defaulting tenant, it needs to understand the reason for the default.

Scottish & Newcastle V Ragus: A reappraisal

Tue, 21 Apr 2009 00:00 GMT

In November 2008, the House of Lords made a significant ruling about the formalities needed if a landlord wants the original or previous tenants to pay a backdated uplift in rent resulting from a rent review.

Diverting a sub-tenant's rent

Tue, 21 Apr 2009 00:00 GMT

A landlord with a tenant who is in rent arrears can serve a notice on the sub-tenant in the property requiring him to pay the rent directly to the landlord - so bypassing the tenant.

Carbon Reduction Commitment: Do you qualify?

Tue, 21 Apr 2009 00:00 GMT

The property industry will have an opportunity to assess the impact of the Carbon Reduction Commitment (CRC) when a user guide and a consultation paper are issued by the Government, this month.

Contaminated land: Full picture is yet to emerge

Mon, 20 Apr 2009 00:00 GMT

On 17 February 2009, the Environment Agency published a report summarising progress made in dealing with contaminated land in England and Wales.

Shoosmiths helps pave way for regeneration scheme

Thu, 02 Apr 2009 00:00 GMT

Shoosmiths property specialists have helped pave the way for a major town centre regeneration project.

Project bank accounts afford protection from recession

Wed, 01 Apr 2009 00:00 GMT

Developers and contractors feeling threatened by the recession should seek innovative ways to protect themselves.

Fit for purpose? VAT implications of structuring social housing contracts

Mon, 30 Mar 2009 00:00 GMT

A recent case has highlighted the importance for registered providers (RPs) to ensure they use tax-efficient structures for the purposes of constructing new housing.

Aircon and fridge coolant to be phased out

Fri, 20 Mar 2009 00:00 GMT

Users of HCFC refrigerants are being urged to prepare for the imminent phasing out of these products, and to consider how they will be affected and what action to take.

When is a building not a building?

Mon, 16 Mar 2009 00:00 GMT

All landlords must be aware of the issues surrounding the Landlord and Tenant Act 1987, but this in particular should concern residential developers.

Flexible Section 106 Agreements for Registered Providers

Mon, 09 Mar 2009 00:00 GMT

What can a Registered Provider (RP) do when faced with a completed Section 106 Agreement containing obligations or terms, but which it is unhappy with?

Developers: Leave rooms with a view

Fri, 06 Mar 2009 00:00 GMT

Developers should think twice before interfering with neighbours' views when planning building works, after a home extension was opposed.

Shoosmiths secures homes permission for landowner client

Thu, 19 Feb 2009 00:00 GMT

Shoosmiths' planning team has helped secure permission on appeal for a mixed use development of more than 1,000 homes, retail facilities and new community facilities, in Derbyshire.

SDLT: A show of goodwill from HMRC?

Mon, 16 Feb 2009 00:00 GMT

Buyers of a business could reduce their stamp duty land tax burden following a change in practice by HM Revenue and Customs (HMRC).

Green leases, green clauses

Fri, 13 Feb 2009 00:00 GMT

Energy efficient and sustainable management of property has moved higher up the agenda for building owners and landlords as the Government focuses on the property industry's role in reducing UK carbon emissions.

To merge or not to merge?

Tue, 13 Jan 2009 00:00 GMT

Given the current economic climate, the introduction of a new regulator and the inactivity of our banks, the question of whether to merge, join or create a group is on the minds of most housing providers.

Are there any limits on absolute discretion?

Fri, 09 Jan 2009 00:00 GMT

Many property agreements allow the developer to decide whether conditions attaching to planning permissions are onerous without imposing a parallel obligation to act reasonably.

Liquidated damages - when are they a penalty?

Thu, 08 Jan 2009 00:00 GMT

The TCC, in a recent judgment, has given guidance on when liquidated damages (LADs) can become a penalty (and therefore unenforceable) in contracts where there is sectional completion.

Directors' new duty to avoid conflicts of interest

Mon, 05 Jan 2009 00:00 GMT

The Companies Act 2006 (the Act) has introduced a number of statutory duties which all company directors must comply with.

Landowners urged to take advantage of e-comms consolidation

Wed, 17 Dec 2008 00:00 GMT

Landowners could benefit from a consolidation project being undertaken by two e-comms giants.

Inspect air-con units by 4 January or risk fine

Wed, 17 Dec 2008 00:00 GMT

People in charge of air-conditioning systems must inspect them by 4 January 2009 or risk being fined.

New VAT rate and property

Mon, 01 Dec 2008 00:00 GMT

The new VAT rate will affect all types of property transactions. After further guidance from HMRC on 25 November, tax partner Niall Murphy outlines some of the main implications of the changes.

Five years of SDLT

Tue, 25 Nov 2008 00:00 GMT

The fifth anniversary of the introduction of SDLT occurs on 1 December 2008. The rules relating to SDLT and leases will begin to have a greater impact on tenants, who need to be aware of their obligations.

Pre-budget report 2008 - tax issues

Tue, 25 Nov 2008 00:00 GMT

The Chancellor delivered the 2008 Pre-Budget Report yesterday (24 November 2008). The following is a summary of the main points:

Turbulent times bring landlords' remedies to the fore

Fri, 14 Nov 2008 00:00 GMT

In these turbulent economic times the remedies available to a landlord against a defaulting tenant are once again in the spotlight.

HMRC confirms letting strategy is not abusive

Mon, 03 Nov 2008 00:00 GMT

Many house builders are finding they are unable to sell new dwellings in the current downturn, leaving them a stark choice.

Adjudicators must give both sides a fair hearing

Wed, 08 Oct 2008 00:00 GMT

Less than 1% of adjudication decisions are not enforced by the Court. Recently the Court was asked to consider a new argument based on breach of natural justice, associated with the strict timetable required in adjudications.

Change home ownership to help next generation

Wed, 08 Oct 2008 00:00 GMT

Householders are being urged to change the way they own their homes if they are to provide for their children.

EPCs: Last minute changes and further guidance

Tue, 16 Sep 2008 00:00 GMT

1 October 2008 sees the implementation of Energy Performance Certificates for both commercial and residential property and from then buildings over 1,000m sq occupied by public authorities and visited by the public must have a Display Energy Certificates.

VAT update: house builders letting property

Tue, 16 Sep 2008 00:00 GMT

A new Information Sheet published by HMRC on 15 September 2008 contains a helpful relaxation in the way the clawback operates where a house builder temporarily lets dwellings before selling them.

JCT Framework Agreement 2007 - 2 years worth of progress?

Tue, 09 Sep 2008 00:00 GMT

The JCT Framework Agreement, first published in 2005 in its binding and non-binding form was disappointing; has the introduction of the 2007 form addressed the concerns the initial form raised to make the new form worth using?

Registered Providers crucial as government announces housing market kick-start

Fri, 05 Sep 2008 00:00 GMT

With the housing market in crisis, Registered Providers find themselves well placed to play a key role in delivering government measures to get it moving again.

Stamp Duty suspension welcomed for residential property to �175,000

Tue, 02 Sep 2008 00:00 GMT

Shoosmiths partner and head of direct conveyancing David Parton says suspending Stamp Duty on homes up to �175,000 will be welcomed by home buyers.

Mediation - being unreasonable and maintaining privilege

Fri, 08 Aug 2008 00:00 GMT

Mediation has been triumphed as the way forward but what about when it fails? Do the costs consequences mean you should always take part even if you fail to actively participate and are the costs of mediation itself recoverable?

Draft Construction Contracts Bill - how will the changes affect you?

Fri, 01 Aug 2008 00:00 GMT

The proposed amendments to the Act have now been issued by DBERR. They are due to progress through parliament this session, but the key question is are they as anticipated and do they cover the recommendations made for change?

A possible letting strategy for house builders

Thu, 31 Jul 2008 00:00 GMT

In the current economic climate many house builders are faced with the problem of surplus stock. Holding on to the properties until the economy improves is not generally an option.

Partnership approach best for flood risk

Mon, 28 Jul 2008 00:00 GMT

The disastrous floods during the summer of 2007 caused billions of pounds worth of damage and resulted in untold misery for many thousands of people.

Further concern for landlords after spate of boiler explosions

Mon, 28 Jul 2008 00:00 GMT

A new Safety Alert concerning solid fuel back boilers has been issued by the Health and Safety Executive after a spate of explosions, one of which led to a fatality.

Residential property review heralds market reforms

Fri, 25 Jul 2008 00:00 GMT

The residential property market is making headline news and is under scrutiny. The recent report of the Carsberg Review of Residential Property made a number of recommendations which add to the issues under debate.

Consumer Credit Act pitfall for shared equity schemes

Thu, 24 Jul 2008 00:00 GMT

The slow-down in the housing market is prompting developers to look for more innovative ways to encourage sales of residential properties.

Beware of limitation clauses

Thu, 24 Jul 2008 00:00 GMT

The facts of the case below are a sobering example of how important it is to carefully check the terms and conditions when appointing a contractor or consultant.

Constructing Excellence - Does the JCT contract "tick the boxes"?

Thu, 24 Jul 2008 00:00 GMT

The JCT Constructing Excellence Contract 2006 is seen as a radical departure from the JCT's more "traditional" building contracts. However, will it be used used by developers in the private and public sectors?

Shoosmiths raises a glass to pubco win

Tue, 01 Apr 2008 00:00 GMT

Shoosmiths is to handle all leasing work for Marston's Pub Company after winning a competitive pitch against several rival law firms.

Proposed new tax on high-value residential property transactions

Thu, 27 Mar 2008 00:00 GMT

On 17 December 2007 the government issued a consultation document on transfers of "high-value" (�1 million or more) residential property using special purpose vehicles ("SPVs").

Executing documents - removing red tape

Tue, 25 Mar 2008 00:00 GMT

With effect from 6th April 2008, a company will be able to execute deeds and documents with the signature of only one director, attested by a witness.

Green leases

Tue, 25 Mar 2008 00:00 GMT

It is clear that reducing the environmental impact of property is key to the Government's drive to cut the UK's carbon emissions. Energy performance certificates will be introduced across the commercial property sector to promote behaviour change.

Reform of empty rates relief

Thu, 20 Mar 2008 00:00 GMT

From 1 April 2008 full rates will be payable in England and Wales on empty business premises once initial exemption periods have expired.

Controlling property costs

Wed, 19 Mar 2008 00:00 GMT

Occupying commercial premises is a necessary evil for most retailers but there are some tactics which, if deployed, could add up to some substantial cost savings.

Shoosmiths plots course through complex site purchase

Tue, 18 Mar 2008 00:00 GMT

Property specialists at national law firm Shoosmiths have completed a major acquisition for niche housebuilder Palace Homes.

Shoosmiths seven secure Switchback for client

Tue, 18 Mar 2008 00:00 GMT

A seven-strong team of Shoosmiths lawyers has helped secure a �9m office space deal for a leading South East investment client.

Using third party rights

Thu, 28 Feb 2008 00:00 GMT

The construction industry has long used collateral warranties to give contractual rights to third parties who have an interest in the development. The Contracts (Rights of Third Parties) Act 1999 offers an alternative means of providing those rights.

Shoosmiths' biggest, strongest team will jet to Cannes

Wed, 20 Feb 2008 00:00 GMT

National law firm Shoosmiths is preparing to send its biggest and strongest team of lawyers to the annual gathering of the property world's movers and shakers, in Cannes.

Residential landlords alert after scalded baby death inquest

Wed, 06 Feb 2008 00:00 GMT

Shoosmiths is urging residential landlords to heed warnings about the dangers of hot water systems after an inquest into the death of a severely scalded 10-month-old baby said the tragedy could have been avoided.

Shoosmiths wins Moto commercial and property work

Mon, 05 Nov 2007 00:00 GMT

Following a panel review, motorway services operator Moto has appointed national firm Shoosmiths to its panel of advisors handling commercial contracts and property work.