News & Analysis as of

Leaseholds United Kingdom

Mayer Brown

The Curious Case of the Disappearing Freehold: Lulham v Crown Estate Commissioners [2025]

Mayer Brown on

What happens when the freeholder not just disappears, but the very freehold itself ceases to exist? We know from case law that when a freehold escheats, the derivative interests such as mortgages and leases survive, however a...more

K&L Gates LLP

Interim Statement on ‘54 Act Reform

K&L Gates LLP on

Summary - The Law Commission has issued an interim statement on the reform of the Landlord and Tenant Act 1954 (the Act). Its initial consultation addressed the “contracting-out” model, types of tenancy and duration of...more

Mayer Brown

The Curious Case of the disappearing Freehold: Lulham v Crown Estate Commissioners [2025]

Mayer Brown on

What happens when the freeholder not just disappears, but the very freehold itself ceases to exist? We know from case law that when a freehold escheats, the derivative interests such as mortgages and leases survive, however a...more

Hogan Lovells

The Law of Property Act 1925 turns 100 today. Happy Birthday!

Hogan Lovells on

The country is celebrating a big anniversary today, 9th April 2025. 100 years ago today, the Law of Property Act 1925 (the “LPA”) received Royal Assent. The LPA brought overdue coherence, eased property transactions for the...more

Mayer Brown

Commonhold – Is It Really Around the Corner?

Mayer Brown on

BACKGROUND - The advent of commonhold has been much trumpeted. The government has just published a new white paper, The proposed new commonhold model for homeownership in England and Wales....more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more

Hogan Lovells

The politics of housing: Changes to UK residential property law - beware the law of unintended consequences

Hogan Lovells on

The last government made significant changes to leasehold including banning new leasehold houses through the Leasehold and Freehold Reform Act 2024. The current government has indicated it will go even further through the...more

BCLP

Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates

BCLP on

Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd - The United Utilities sewerage network has around 100 ‘outfalls’ from which material emanating from sewers, sewage treatment works and pumping...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Update)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

BCLP

Longer Leases, Lower Ground Rents and Leasehold Liberation: Residential Reforms in the King’s Speech Explained

BCLP on

The King’s speech announced a new Leasehold and Freehold Reform Bill ‘to reform the housing market by making it cheaper and easier for leaseholders to purchase their freehold and tackling the exploitation of millions of...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Hogan Lovells

Fire Safety: UK Tribunal makes first remediation contribution order

Hogan Lovells on

The First Tier Tribunal (Property Chamber) has made the first remediation contribution order under the Building Safety Act 2022. The Tribunal ordered a landlord to repay amounts paid by the leaseholders of a multi-let...more

Katten Muchin Rosenman LLP

Register of Overseas Entities – Approaching Deadline of 31 January 2023

The deadline for registration as an Overseas Entity is fast approaching and by 31 January 2023, all qualifying overseas entities, who own freehold land or property in the UK (or leasehold land of more than seven years), must...more

Cadwalader, Wickersham & Taft LLP

Action Required August 2022: Economic Crime (Transparency and Enforcement) Act 2022 – Register of Entities

The Economic Crime (Transparency and Enforcement) Act 2022 (the “ECA”) came into force on 1 August 2022 and places new obligations on overseas entities holding real estate in the United Kingdom. Pursuant to the ECA, all...more

Hogan Lovells

UK Upper Tribunal confirms another gap in the Telecoms Code - the problem with concurrent leases

Hogan Lovells on

The Upper Tribunal (Lands Chamber) (“UT”) has considered how termination and renewal provisions in the 2017 Electronic Communications Code (the “Code”) can operate when a site provider has granted a concurrent lease to a...more

Goodwin

What to Know: New Register for Overseas Entities Owning UK Property Launched

Goodwin on

​​​​​​​As anticipated in our previous article on 7 March 2022, Companies House launched the new register of overseas entities (the “ROE”) pursuant to the Economic Crime (Transparency and Enforcement) Act 2022 (the “Act”), so...more

BCLP

Economic Crime (Transparency and Enforcement) Act 2022 - Obligation to Register at Companies House from 1 August 2022

BCLP on

The Government has now announced that it intends to launch the Register of Overseas Entities at Companies House (“ROE”) on 1 August 2022. We await formal confirmation (in the form of a commencement order) but we anticipate...more

BCLP

10 things you should know about lease agreements in Germany / England & Wales

BCLP on

German civil law differentiates between residential and commercial leases (Mietvertrag) and leaseholds (Pachtvertrag). Residential or commercial leases are more common than leaseholds: they grant the tenant a right to use the...more

Hogan Lovells

UK landmark reforms in the private rented sector

Hogan Lovells on

Residential property reform is high on the government's legislative agenda as announced in this week's Queen's Speech.  Proposed changes to the rental market include banning the so-called no-fault evictions, a commitment to...more

Hogan Lovells

Leasehold reform in the UK: The end of residential ground rents is now imminent

Hogan Lovells on

The abolition of ground rents in residential leases in England and Wales is to come into force from 30 June 2022 under the new Leasehold Reform (Ground Rent) Act 2022....more

BCLP

Leasehold Reform (Ground Rent) Act 2022 - What? When? Who? How? Why?

BCLP on

This article looks at the impact and timing of the Leasehold Reform (Ground Rent) Act 2022, the first concrete step in the government's wider residential leasehold reforms. What? The Leasehold Reform (Ground Rent)...more

BCLP

10 things you should know when investing in Germany or England and Wales

BCLP on

In what ways can ownership in Real Estate be acquired? In Germany - The most common way to obtain ownership in German real estate under German Law is in the form of absolute ownership. Pursuant to statuary law, absolute...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Hogan Lovells

UK government legislates to make residential ground rents a thing of the past

Hogan Lovells on

On 8 February 2022, the Leasehold Reform (Ground Rent) Act 2022 received Royal Assent, effectively outlawing ground rents in residential leases in England and Wales once the legislation comes into force....more

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