Registered charges against land and statutory order of priority when tacking further advances

Perfect Security. ‘Tacking’ and ‘further advances’ and Order of Priority.

Ranking of a creditor’s interest against land is crucial to the order of priority of distribution of assets in the event of a debtor’s insolvency. The statutory order of priority shall apply to how the insolvent’s assets are distributed to satisfy its creditors. The statutory Order of Priority is broadly in the following order: 1. […]

EU flag, Ten tips to prepare for BREXIT

10 Steps for Businesses to Prepare for a No Deal Brexit

With Brexit playing out in Parliament before us and the question of deal or no deal looming, it pays to be prepared no matter what the outcome. Here are 10 steps that you can take to prepare for a no deal Brexit. 1. Check your website, domains and technology providers – do you use services […]

Landlords taking back possession

Landlords Taking Back Possession – Injunction or Possession Order?

As a landlord, when a tenant refuses to leave or there is dispute over termination of tenancy, one must tread carefully to ensure that the tenancy is terminated pursuant to the contract and the act of taking back possession is carried out lawfully. Without agreement by your tenant or in the event of trespassers, taking […]

Developments: Looking at Overage.

Sometimes referred to as “clawback”, overage refers to a sum of money which may be due to a landowner following completion of the sale of land or property. Whether this money is paid will be dependent upon something occurring as agreed (for example, the property being sold for a price higher than a certain amount). […]

Permitted Development Rights – encouraging business and development

Planning permission is only needed if the work being carried out meets the statutory definition of ‘development’ which is set out in section 55 of the Town and Country Planning Act 1990.‘Development’ includes:building operations (eg structural alterations, construction, rebuilding, most demolition);material changes of use of land and buildings;engineering operations (eg groundworks);mining operations;other operations normally undertaken by […]

Should you charge VAT on your Non EU Supplies?

In an increasingly globalized world, and with an influx of foreign investment into the UK in recent times, it is important for UK based businesses to be aware of their VAT obligations when invoicing for supplies to customers outside of the EU. For an international law firm or any businesses with cross-jurisdictional operations, it is […]

SDLT on student property investments

The general rule for student properties is that purpose built student accommodation is exempt from the higher rates. Most student properties are less than the current residential threshold of £125,000 meaning there is usually no SDLT payable. If however the buyer is purchasing more than one student property together and the aggregate price exceeds £125,000 […]

Importance for Commercial Landlords to act with consistency in rent arrears cases

Saravananthan Thirunavukkrasu v Baljit Singh Brar, Jinder Kaur Brar [2018] EWHC 2461 (Ch) Case Comment: For commercial landlords, it will be important to consider what impact their actions in recovering arrears could have upon their rights. The High Court has held that a landlord waived its right to forfeit a lease for rent arrears when […]

SDLT First Time Buyers Rate

Since November 2017 the government has introduced a new concessionary rate for first time buyers up to £300,000. This means that for first time buyers there is no SDLT payable on property that is below £300,000. In order to qualify for the First Time Buyer Rate the person buying must be someone who has never […]