United Kingdom: Real Estate

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Article
Commercial Leases: Is The Tenant Or The Landlord Responsible For Extraordinary Repairs?
Two Court of Session decisions clarify when tenants can be held liable for extraordinary repairs under full repairing and insuring leases in Scotland. The cases establish that broad repairing obligations alone are insufficient to transfer responsibility for substantial renewals and structural damage from landlords to tenants without express contractual language.
United Kingdom Real Estate
Sa
Shepherd and Wedderburn LLP
Article
Keeping Pace With Building Safety In England: Latest Developments On The Building Safety Levy, Building Assessment Certificates, And Cladding Remediation Funding
The process of remediating unsafe buildings and managing the safe development and occupation of Higher Risk Buildings (“HRBs”) continues to evolve. The Building Safety Regulator (“BSR”) and the government have recently announced updates impacting several areas – the Building Safety Levy regulations, a new approach to processing Building Assessment Certificates for HRBs, and an extension to the funding available to remediate unsafe cladding.
United Kingdom Real Estate
KL
Herbert Smith Freehills Kramer LLP
Article
The New Ground Rent Consultation: "Quid Pro Quo" Leases And The Retirement Living Sector
The UK Government has launched a consultation on whether 'quid pro quo' leases—where tenants agreed to pay higher ground rents in exchange for lower purchase premiums—should be exempt from the proposed £250 annual ground rent cap. This issue is particularly significant for the retirement living sector, where flexible payment structures have traditionally allowed purchasers to choose between different combinations of upfront costs and ongoing fees. The consultation raises critical questions
United Kingdom Real Estate
TS
Travers Smith LLP
Article
Harvey V Heaver [2026] EWHC 1671 (KB), 3 July 2026
A High Court judgment clarifies the scope of the implied covenant of fitness for human habitation under the Homes (Fitness for Human Habitation) Act 2018, confirming that older case law remains authoritative and that a single defect can render an entire dwelling unfit. The decision provides crucial guidance on when landlords must remedy damp, mould, and structural defects, and significantly limits the availability of 'tenant lifestyle' defences.
United Kingdom Real Estate
GC
Gatehouse Chambers
Article
The Break Clause Checklist: 10 Mistakes You Can't Afford To Make
Break clauses in commercial leases offer tenants the opportunity to exit early, but executing them requires meticulous attention to legal detail and strict compliance with conditions. This guide examines the ten most frequent and costly errors tenants make when attempting to exercise break clauses without professional legal assistance, from serving notices incorrectly to failing to meet financial obligations and vacancy requirements.
United Kingdom Real Estate
LS
Lewis Silkin
Article
The UK Renters’ Rights Act 2025: Implications For Student Accommodation Providers And Institutional Rental Housing Investors
The Renters' Rights Act 2025 fundamentally transforms England's private rental sector by abolishing assured shorthold tenancies and section 21 "no fault" evictions, creating significant operational challenges for purpose-built student accommodation and build-to-rent schemes. This analysis examines how institutional investors and operators are adapting to the new assured periodic tenancy regime, enhanced tenant protections, and revised rent increase mechanisms that introduce unprecedented uncertainty into in
United Kingdom Real Estate
GT
Greenberg Traurig, LLP
Article
Do You Own A House Abroad? Make Sure Your Foreign Assets Are Properly Protected With An Iron-clad Will
UK citizens owning property in European countries like Spain, Italy, or France face complex succession laws that differ significantly from British inheritance rules. Many European jurisdictions enforce mandatory inheritance portions for relatives that cannot be easily overridden, potentially conflicting with your intended estate distribution. Understanding these forced heirship rules and creating jurisdiction-specific wills becomes essential for ensuring your overseas assets pass to your chosen beneficiarie
United Kingdom Family
GP
Giambrone & Partners
Article
Heatwaves And Awaab's Law: When Does Overheating Become A Housing Hazard? (6 July 2026)
As the UK faces increasingly frequent heatwaves, social landlords and tenants are questioning whether dangerously hot homes could fall within the scope of Awaab's Law. While hot weather alone is unlikely to create legal liability, overheating caused or exacerbated by property defects may constitute a housing hazard that landlords must investigate and address within prescribed timescales.
United Kingdom Real Estate
DL
Duncan Lewis & Co Solicitors
Article
UK Issues The Provision Of Information (Contractual Control) (Registered Land) Regulations 2026
The UK government has introduced new regulations requiring businesses to disclose contractual control rights over registered land to HM Land Registry, creating a public database that will fundamentally change transparency in the development land market. These regulations, which come into force in April 2027, impose criminal liability for non-compliance and will affect options, pre-emptions, and various land development agreements. Developers and landowners must prepare for significant operational changes as
United Kingdom Real Estate
JD
Jones Day
Article
Why Uncertainty Is The Biggest Challenge For Businesses In Scotland’s Rural Sector
Petra Grunenberg, Head of Rural Property and Business at Shepherd and Wedderburn, discusses the mounting challenges facing Scotland's rural sector as legislative changes converge with political uncertainty. With inheritance tax reforms, land reform legislation, and subsidy scheme overhauls all progressing simultaneously, she explains why rural business owners must seek professional advice now rather than wait for clarity.
United Kingdom Tax
Sa
Shepherd and Wedderburn LLP
Article
UK Government Publishes Draft Regulations To Implement The Nature Restoration Levy
The UK Government has introduced a new framework for offsetting environmental harms from housing and infrastructure development through the Nature Restoration Fund and Nature Restoration Levy. This approach pools money from individual developments to fund strategic environmental interventions, replacing the previous site-by-site mitigation system that was criticized for failing to halt environmental decline while slowing housing schemes.
United Kingdom Environment
MB
Mayer Brown
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