Rosenblatt

Media / Real Estate

Planning consent alone will not secure modification of restrictive covenant (Briant v Baldacchino)

Briant v Baldacchino –  modification of restrictive covenants, planning consent and development Caroline DeLaney, our Head of Real Estate Disputes, looks at a recent decision of the Upper Tribunal (Lands Chamber) refusing to order the modification of a restrictive covenant that prevented the redevelopment of residential land even though planning consent had been granted. The Tribunal has the power under […]

Coronavirus and Commercial Rent – An Update

As anticipated in my article “Coronavirus and Commercial Rent – Who Bears the Cost in a Time of Crisis?”, the Government has taken further action in advance of the June quarter day to protect commercial tenants unable to pay their rent. The Government announced on 19 June 2020 that it will be extending the package of protections for commercial tenants […]

Head of Real Estate Disputes, Caroline DeLaney, has been selected for inclusion in the 2021 Best Lawyers List

Rosenblatt are pleased to announce that Caroline DeLaney, Head of Real Estate Disputes, has been selected for inclusion in the Ninth Edition of the Best Lawyers in the United Kingdom. To find out more, click below: https://www.bestlawyers.com/current-edition/united-kingdom

Coronavirus and Commercial Rent – Who Bears the Cost in a Time of Crisis?

Updated to include the changes proposed by the Corporate Governance and Insolvency Bill which had its first reading on 20 May 2020. As a result of the raft of social-distancing measures introduced by the government to slow the spread of COVID-19, many commercial tenants have been forced to close their premises.  For the vast majority, the obligation to pay rent continues […]

Residential Leasehold extensions – valuation and interpretation issues

Owners of leasehold flats have a statutory right to extend their lease under the Leasehold Housing and Urban Development Act 1993. The procedure of lease valuation is becoming increasingly complex…

Unwanted “Pop-ups” – what to do with Christmas Squatters

The decorations are up and Christmas trading is in full swing. Unfortunately, rogue traders are hoping to cash in on the Christmas spirit. Property owners and retailers need to take extra care…

Budget: A Reminder to Professionals to be Cautious

Summary A Defendant firm of architects has recently been ordered to pay £3.6m to a Claimant for professional negligence arising out of a failure to advise on the cost of a design but were found…

UK Commercial Property held offshore in HRMC’s sights

This year’s autumn budget brings unwelcome news for foreign investors in UK commercial property. With effect from April 2019, capital gains realized by non-residents from disposals of UK…

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another – APPEAL DISMISSED

Further to my eBulletin dated 5 February 2015 the Supreme Court has now dismissed Marks and Spencer plc’s appeal and confirmed that landlords are not required to repay rent paid in advance which…

The Dangers of Signing Pre-incorporation

If a person signs a contract on behalf of a company that is yet to be incorporated, then the person signing the contract can be liable as if it were the party specified in the contract. In a…