Publications

Sainsbury’s, Tesco, Co-op and others v Sykes and other valuation officers [2017] UKUT 0138 (LC)

14th June 2017

For the purposes of business rates, all business premises are divided into individual rate-paying units known (on Planet Rating) as hereditaments. Supermarket operators have long been installing ATMs (i.e. cash machines) at their supermarkets and other stores without distinguishing the ATM site from the host store for rating purposes.

The Real eState with Peter Bill

14th June 2017

Peter Bill, author of Planet Property and former editor of Estates Gazette, talks about the RICS rules for agents coming into force from January 2018....

Maples Teesdale Newsletter Summer 2017

26th May 2017

The Real eState with Peter Bill

17th May 2017

In the run up to the election on 8 June both the Conservatives and Labour have promised to build more council homes. How?

Interest Rate Hedging in Real Estate Financing

25th April 2017

Interest Rate Hedges are usually an integral part of real estate finance transactions and borrowers need to ensure that they understand the risks associated with such Interest Rate Hedges.

The Real eState with Peter Bill

20th April 2017

In the April edition of The Real eState, Peter Bill, gives his views on the impact of Artificial Intelligence for lawyers.

Landlords Complying with Minimum Energy Efficiency Standards ("MEES")

18th April 2017

MEES are minimum energy efficiency standards introduced by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (‘‘Regulations’’). They set a new minimum EPC standard of E rating for non-domestic property. An EPC gives an energy efficiency rating from A to G and is valid for 10 years. Data suggests that at least 18% of UK commercial property will be affected by the new Regulations.

Maples Teesdale Announces New Managing Partner

5th April 2017

Leading real estate specialist, Maples Teesdale are pleased to announce that Chris Wilkinson has been elected as Managing Partner with effect from 1 April.

Maples Teesdale expands leading client practice with new partner appointment

5th April 2017

Specialist real estate firm Maples Teesdale has announced the promotion of a new partner, effective 1 April 2017. Real Estate expert Anastasia Klein has been promoted from Of Counsel to Partner in the Commercial Real Estate team after training and qualifying with Maples Teesdale in 2005.

The Real eState with Peter Bill

22nd March 2017

In the March edition of The Real eState, Peter Bill, author of Planet Property and former editor of Estates Gazette, gives his take on proceedings at the Holyoake v Candy trial Download full article

Signature Realty v Fortis Developments [2016] EWHC 3583 (Ch)

10th March 2017

In 2014, Fortis Developments bought a development site in the centre of Sheffield. The site came with the benefit of planning permission for a block of student flats. Crucially, the planning permission had not been obtained by the seller of the site. Instead, the permission had been obtained by Signature Realty Limited, a developer whose efforts to acquire the site had proved abortive.

Back to Reality – the Supreme Court reverses rates liability for developer

6th March 2017

In February 2015, there were ructions in the development world when the Court of Appeal gave judgment in the case of SJ & J Monk (a firm) v Newbigin (Valuation Officer) [2015] EWCA Civ 78. The decision confirmed that in deciding rateable value, a statutory assumption that premises are in a state of repair (unless such repairs were uneconomic) should apply to all premises, even ones in the process of being refurbished or redeveloped.

The Real eState with Peter Bill

14th February 2017

Peter Bill, former editor of Estates Gazette, gives his opinion on last week’s Housing White Paper.

Mind the registration gap

25th January 2017

On 17th January 2012, Michael and Maureen Charlton, the then owners of Waterside Farm, Radstock, completed the sale of part of the farm to Martin Craggs. Unfortunately, Mr Craggs’ solicitors did not register the purchase at the Land Registry until 16th May, long after the expiry of the priority period conferred by their official search of the register.

The Real eState with Peter Bill

13th December 2016

Peter Bill, author of Planet Property and former editor of Estates Gazette, shares his predictions on a contrarian New Year.

Maples Teesdale Winter Newsletter 2016

1st December 2016

The Real eState with Peter Bill

15th November 2016

Peter Bill, author of Planet Property and former editor of Estates Gazette, shares his views on the US Presidential elections

Adverse effect of Break Clause on Rent - Britel Fund Trustees Limited v B&Q plc

7th November 2016

This unreported county court case from earlier this year is notable because of the stark contrast it draws between the market rental value of a lease containing a landlord’s break clause and an identical lease without the break.

The Real eState with Peter Bill

12th October 2016

Peter Bill, shares his views on the Garden Bridge project as well as the planned HQ move by Land Securities

Maples Teesdale Lex 100 Winner

11th October 2016

Maples Teesdale has been announced as a winner in the Client Contact category of the 2016/17 Lex 100 survey of over 3,000 trainees at 173 law firms across the UK

October 2016 - Toxic rentcharge warning

4th October 2016

Morgoed Estates Limited and others v Lawton and others [2016] UKUT 395 (TCC) In the nineteenth century, rentcharges were popular with landowners as a way of earning additional money from the sale of land for housing. Freehold land sold to developers would be accompanied by a liability under a rentcharge to make fixed annual monetary payments in perpetuity to the original landowner.

Deliveroo Sales and Turnover Rents for Restaurants

28th September 2016

Some restaurants are now making up to 90% of their sales through UK food delivery services such as UberEats or JustEat. This phenomenon mirrors the rapid development in recent years around internet sales for bricks and mortar shops via “click + collect” services.

The Real eState with Peter Bill

14th September 2016

Peter Bill, author of Planet Property shares his views on the planned £4 billion Palace of Westminster refurbishment

Toxic conditional break clauses (again)

31st August 2016

Riverside Park Limited v NHS Property Services Limited 2016 EWHC 1313 (Ch) Yet again the courts have highlighted the dangers of conditional break clauses in leases. Break clauses subject to pre-conditions are toxic. No tenant should ever agree to one. In this case, a lease contained a tenant’s right to break subject to the pre-condition that it give “vacant possession” of the premises.

The Real eState with Peter Bill

16th August 2016

In his latest column for Maples Teesdale , Peter Bill shares his views on Chinese investment, housing and summer reading.

Restrictive covenants – no building scheme

3rd August 2016

Birdlip Limited v Hunter [2016] EWCA Civ 603 In this case, Mr and Mrs Hunter owned a house in Gerrards Cross next door to a house owned by Birdlip Limited. Both plots were subject to a restrictive covenant not to build more than two dwellings on the combined site

The Real eState with Peter Bill

13th July 2016

In his latest column for Maples Teesdale, Peter Bill provides his post-Brexit take on what our sector needs to do.

Mortgage Express v Lambert 2016 EWCA Civ 555

6th July 2016

In this case, Laura Lambert sold her leasehold flat in Maidstone to two fraudsters. They had bamboozled Ms Lambert into selling the flat for £30,000 when, in fact, it was worth in the region of £120,000.

The Real eState with Peter Bill

16th June 2016

In his latest column for Maples Teesdale, Peter Bill describes his vision of the Wonderland of residential development.

Balancing the interests of landlord and tenant?

15th June 2016

Timothy Taylor Ltd v Mayfair House Corporation [2016] EWHC 1075 (Ch) In this case, Timothy Taylor Ltd, the upmarket art gallery, was (and still is) the tenant of the ground floor and basement of a five-storey building in Carlos Place in the heart of London’s Mayfair. The remainder of the building was used as apartments.

Case Report: SoS for Communities and Local Government v West Berkshire DC and Reading BC [2016] EWCA Civ 441

7th June 2016

We discuss the implications of this recent Court of Appeal decision for the exemption from Section 106 affordable housing and other tariff-based contributions for smaller residential developments.

Housing and Planning Act 2016

7th June 2016

We discuss in this our latest planning legal update the planning reforms contained in the Housing and Planning Act 2016, the further reforms proposed in the Queen’s Speech, and the implications of the recent Court of Appeal decision concerning affordable housing and other tariff-style contributions for smaller residential developments.

Queens’s Speech 2016

7th June 2016

On 18th May 2016 the Queen delivered her annual speech announcing further proposals for new planning legislation, the most significant being the Neighbourhood Planning and Infrastructure Bill. We discuss the key proposals in this Bill.

Connected Development

21st May 2016

Neil Sagoo addresses the growing importance of reliable, high speed internet access and its impact on commercial landlords, tenants and developers.

Specific performance of obligation to execute s.106 agreement

13th May 2016

In this case, Redrow Homes (“Redrow”) bought a development site from Martin Dawn (Leckhampton) Ltd (“MDL”).

Legal Alert - Replies to enquiries - let the seller beware

What landlords and tenants need to know about the new accounting regime for leases

Residential Development and Investment

27th April 2016,
Published in

See how we have helped our developer, investor and funder clients achieve success in their residential led projects”

Spring 2016 Maples Teesdale Newsletter

21st April 2016,
Published in

Landlord and Tenant (Covenants) Act 1995 – Assignment to guarantor is void

18th April 2016

The Real eState with Peter Bill

8th April 2016

In his latest column for Maples Teesdale, Peter Bill, author of Planet Property and former editor of Estates Gazette, shares his thoughts on the Panama Papers and some of the latest London towers.

Housing and Planning Bill Update

5th April 2016

The Housing and Planning Bill 2015-16 which is currently before Parliament has now completed the committee stage in the House of Lords where it was the subject of detailed scrutiny. The Bill will next be subject to a report stage in the House of Lords which will take place on 11 April. The Bill contains reforms aimed at increasing housing development and further reforming the planning system.

Budget 2016: Planning Reforms

5th April 2016

On 16 March the Chancellor George Osborne delivered the Government’s 2016 Budget. We discuss the key planning reforms announced in the Budget.

Case Report: Community Infrastructure Levy: Combining Planning Permissions

5th April 2016

We discuss the recent case of R (oao Orbital Shopping Centre Swindon Limited) v Swindon BC [2016] EWHC 448 (Admin) where the High Court considered the issue as to whether it is lawful for a local planning authority to charge the Community Infrastructure Levy (CIL) by treating two planning permissions as a single planning permission.

Offices to Residential Permitted Development Rights

5th April 2016

The Government on 10 March made The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (2016 Order). The 2016 Order comes into force on 6 April 2016 and will put into legal effect the Government’s intention to make permanent permitted development rights for a change from office to residential use.

Unjust enrichment and seller’s unpaid lien

4th March 2016

Unjust enrichment and seller’s unpaid lien

Jo Preece has been appointed as a senior associate in the construction team at Maples Teesdale

25th February 2016

Jo Preece has been appointed as a senior associate in the construction team at Maples Teesdale LLP. She has experience of working on development schemes, acquisitions and disposals, lettings and financings having advised the likes of Almacantar, Capital & Counties, Intu Shopping Centres, Lend Lease and Standard Life. She previously worked as a senior associate at Herbert Smith Freehills.

Electronic signature of deeds and real estate contracts - still a convoluted process

19th February 2016

Break clauses - supreme court confirms no refund for tenant

5th February 2016

Public law of no relevance in commercial land transaction dispute with local authority

13th January 2016

Planning Update - Housing and Planning Bill 2015

23rd December 2015

Planning Update - Housing and Planning Bill 2015

Planning Update - Changes to permitted development rights

23rd December 2015

Planning Update - Changes to permitted development rights

Planning Update - Consultation on proposed changes to the NPPF

23rd December 2015

Planning Update - Consultation on proposed changes to the NPPF

What is Chancel Repair Liability

16th December 2015

Changes to law relating to penalties

27th November 2015

Changes to law relating to penalties

Lloyds Bank plc v McBains Cooper Consulting Ltd, [2015] EWHC 2372 (TCC)

16th November 2015

A recent court case has highlighted the importance of the relationship between a lender and a technical adviser in the context of a development finance transaction.

Ownership of Banksy Mural

6th October 2015
Published in Ownership of Banksy mural

The Creative Foundation v Dreamland Leisure Ltd and others [2015] EWHC 2556 (Ch)

Commercial Property leasehold transactions outside England and Wales

5th October 2015

Property law is clearly fundamentally different throughout the world. In this article Emily White explores some of the key issues for occupiers of space overseas. Emily has been involved in lease negotiations in over 20 European, Asian and Middle Eastern countries in the past 5 years

Maples Teesdale Summer 2015 Newsletter

19th August 2015,
Published in

Planning Update - Fixing the foundations

31st July 2015
Published in Planning Update - Fixing the foundations

The following legal alert discusses the Government’s key planning reforms contained in its recent paper Fixing the Foundations: Creating a More Prosperous Nation.

Productivity Plan: Reaction from the planning sector

Permitted development rights for office to residential change of use

5th May 2015
Published in Permitted development rights for office to residential change of use

Chad Sutton comments on the permitted development rights for office to residential change of use and the race which is now on to meet the current deadline of 30 May 2016 to utilise these rights.

BREXIT Survey

29th April 2015

Recent amendments to the planning system and the role of a planning lawyer

21st January 2015, by Chad Sutton
Published in The Planner

Chad Sutton comments on Government amendments to the planning system and the role of a planning lawyer in ensuring the success of any development.

Legal firm gives lowdown on new energy standards for UK landlords

12th January 2015, by Chad Sutton
Published in Legal firm gives lowdown on new energy standards for UK landlords

Residential landlords in the UK are at risk of financial penalties and being unable to let their properties if they fail to meet minimum energy efficiency standards (MEES) that come into play in 2018, it is claimed.

New development opportunity: starter homes

1st December 2014, by Chad Sutton
Published in Legal Alert - December 2014

On 15 December 2014, the Government issued a consultation paper entitled Stepping onto the Property Ladder which proposes a new scheme called the Starter Homes Initiative (SHI). The SHI is intended to provide more people with the opportunity to buy their first home through changes to the planning system which are detailed in full in this article.

Autumn 2014 Newsletter

3rd November 2014

What property owners need to know about fracking

4th August 2014, by Neil Sagoo
Published in Property Week

Neil Sagoo details what property owners need to know about fracking By Neil Sagoo Published in Property Week

Landlords liable for business rates if lease disclaimed

1st August 2014
Published in Landlords liable for business rates if lease disclaimed

Landlords liable for business rates if lease disclaimed. Under the Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 owners of empty properties may be liable for business rates.

Consultation on future planning reforms

1st August 2014

We discuss the wide-ranging planning reforms recently announced by the Government which are the subject of consultation. For developers and landowners these reforms will present additional development opportunities through the introduction of new permitted development rights allowing changes of further uses to residential without planning permission. There are also reforms to help speed up the delivery of development schemes such as the deemed discharge of planning conditions.

Spring 2014 Newsletter

1st April 2014
Published in Spring 2014 Newsletter

Community Infrastructure Levy Update

1st March 2014

We provide an update on recent reforms to the Community Infrastructure Levy (CIL). These reforms introduce some important practical changes to CIL, including in relation to deductions available for vacant existing buildings and exemptions and reliefs from CIL.

Planning Update

1st January 2014

We provide an update on the recent reforms to the planning system, including permitted development rights, the new national planning practice guidance website and reforms proposed in the Government’s Autumn Statement.

Converting shops to residential - Who stands to win and lose?

28th August 2013, by Chad Sutton
Published in Retail Week

Chad Sutton comments converting shops to residential - Who stands to win and lose?

Converting shops to residential - Who stands to win and lose?

28th August 2013, by Chad Sutton
Published in Retail Week

Chad Sutton comments converting shops to residential - Who stands to win and lose?

Retail to Residential: New Permitted Development Rights

1st August 2013

Following on from legislation earlier this year introducing permitted development rights allowing change of use from offices to residential the Government has published Consultation entitled Greater Flexibilities for Change of Use. This proposes the introduction of new permitted development rights for a range of town centre uses.

How relevant today are section 106 agreements?

17th July 2013, by Chad Sutton
Published in Local Governement Lawyer

The role of Section 106 agreements is being challenged by reforms such as the Community Infrastructure Levy and changes in the Growth and Infrastructure Bill. Chad Sutton analyses the latest developments.

Guarantors - The One That Got Away

1st July 2013

The recent High Court decision in Topland Portfolio No. 1 Ltd v Smiths News Trading Ltd [2013] EWHC 1445 (Ch) acts as a reminder to landlords of just how easy it is inadvertently to release a guarantor from its obligations under a lease.

Is a Landlord Obliged to Repay Rent Following A Tenant's Break

1st May 2013

Leases often provide that a tenant has to pay all rents due up to a tenant’s break date as a pre-condition to the valid exercise of the break. If the break date falls between quarter days then the tenant will have to pay the full quarter’s rent in advance even though it will not occupy the premises for the whole quarter if the break is effective. It has been widely accepted in recent case law that rent paid in advance for a period after a break date would not be recoverable by the tenant where there is no express provision in the lease. However, in the case of Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2013] EWCA 1279, the Court was willing to imply a term into a lease requiring the landlord to repay to the tenant the rent for the period after the break date.

Offices to Residential Permitted Development Rights

1st May 2013

Earlier this year, the Government as part of its agenda to promote economic growth announced details of its proposal to introduce new permitted development rights which would allow a change of use of a property from office use (use class B1(a)) to residential use (use class C3) without the need to obtain planning permission.

How relevant today are section 106 agreements?

17th April 2013
Published in Local Magazine Lawyer

The role of Section 106 agreements is being challenged by reforms such as the Community Infrastructure Levy and changes in the Growth and Infrastructure Bill. Chad Sutton analyses the latest developments.

History Lessons

17th April 2013, by Chad Sutton
Published in Inside Housing

New laws should simplify developments involving listed buildings and conservation areas

History Lessons

8th April 2013, by Chad Sutton
Published in Inside Housing

New laws should simplify developments involving listed buildings and conservation areas

Spring 2013 Newsletter

1st April 2013

New Permitted Developments Rights - Change of use from offices to residential

1st February 2013

The Government as part of its agenda to promote economic growth by reforming the planning system has announced the introduction of new permitted development rights. These will allow a change of use of a property from office use (use class B1(a)) to residential use (use class C3) without the need to obtain planning permission.

Autumn 2012 Newsletter

1st October 2012

Structuring the Recovery

23rd June 2012, by Jon Blackburn
Published in Estates Gazette

Good deals - What is the most efficient way to acquire commercial property in the UK? Jon Blackburn examines a raft of options.

Capital Allowances for Fixtures

16th June 2012, by Mark Harryman
Published in Estates Gazette

Tax - Steven Dowers and Mark Harryman explain a recent revision to UK tax law and the hurdles buyers of property must now satisfy to claim tax relief on the value of fixtures. Steven Dowers - Associate Director at Baker Tilly Mark Harryman - Commercial Property Associate at Maples Teesdale LLP

A Lighter Touch - Rights of light

14th June 2012
Published in Estates Gazette

David Stevens considers how local authorities could help developers avoid costly disputes.

Whether rent falling due pre-administration should be paid by the Administrator

1st May 2012

In Goldacre (Offices) Ltd v Nortel Networks UK Ltd (in administration) [2009] EWHC 3389 (Ch) the court held that where a company in administration continued to occupy leasehold property in order to further the interests of creditors as a whole, then any rent that fell due in the course of the administration ranked as an administration expense.

Spring 2012 Newsletter

1st April 2012

Maples Teesdale advises Castleforge Partners in relation to one of Nationwide Building Society’s last commercial real estate loans

1st January 1970

Maples Teesdale advises Castleforge Partners in relation to a financing with Santander

1st January 1970

Maples Teesdale advises Castleforge Partners in relation to a financing with Santander

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1st January 1970

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