Europe

Aanbod voor een huurovereenkomst: kijk een gegeven paard niet in de bek!

De gemeente Epe heeft jarenlang een standplaatsvergunning verleend en wenst hieraan een einde te maken. Kan dit zomaar? Deze vraag werd aan het Gerechtshof Arnhem-Leeuwarden voorgelegd. Op 10 juli 2018 heeft het Gerechtshof uitspraak gedaan.

Lees verder

Read full article

Filing problems

Since January this year, it’s been more difficult than ever to litigate in Hungary. Courts have been rejecting countless petitions, filed by even the most experienced lawyers, citing professional inaccuracies or formal errors. The stringent policy is likely to prompt parties with grievances to use alternative forums for the settlement of disputes.

Read more

Read full article

Gifting millions under Lasting Power of Attorney: the JMA case

One of the less talked about implications of losing capacity in old age is that Inheritance Tax (IHT) planning often becomes impossible without court intervention.  Incapable wealthy family members cannot make gifts because they lack the capacity to authorise them.  Even if they have had the foresight to sign a Property & Financial Affairs Lasting Power of Attorney, by law an attorney’s ability to make gifts is extremely limited and this cannot be overridden by any terms placed in the Lasting Power.  If the member lacks capacity and there is going to be a big IHT bill to pay on their death, the only option is to make an application to the Court of Protection for authority to make a substantial gift.

Read more

Read full article

New trends in construction procurement

Parties carrying out construction work often assume that either standard (or traditional) procurement or design and build procurement should be used to procure their projects, particularly when third party development funding is being obtained.  However we are seeing a clear trend towards parties selecting other procurement routes to suit their particular projects and lenders being willing to fund such projects.

Read more

Read full article

Het tarief van de overdrachtsbelasting in vogelvlucht

Iedereen die wel eens een bestaand huis of bedrijfspand heeft gekocht (niet nieuwbouw) wordt geconfronteerd met het moeten betalen van overdrachtsbelasting. Vroeger gold daarvoor slechts één tarief: 6% over de koopsom. Om de in de laatste economische crisis vastgelopen vastgoedmarkt wat aan te zwengelen werd het tarief sindsdien voor woningen beperkt tot 2%.

Lees verder

Read full article

The unintended consequences of high rents in long leases

When long leases are granted the intentions of the parties are usually to grant a long lease to the leaseholder, for which a high premium is paid, with a ground rent that varies but is generally nominal when viewed in relation to the premium paid for the lease. However, when the ground rent is looked at in isolation (as there is currently no legislation which provides for any other view to be taken) it can have the unintended consequence of the lease being deemed an Assured Shorthold Tenancy (AST) which can impact the leaseholder and any lender with a charge on the leasehold property.

Read more

Read full article

Assured Shorthold Tenancies: more hASTe, less speed

Some market observers estimate that approximately 20% of occupied residential properties – around 5 million households in total – are made up of privately rented accommodation.

Read more

Read full article

Restrictions in lease agreements: Competition law matters

The Competition and Markets Authority (CMA) has announced that Heathrow Airport Limited (HAL) has settled a competition law investigation into its lease agreement with a hotel operator, Arora.[1]  The settlement was reached on the basis that HAL accepted it had breached the competition law rules, paid a fine of £1.6 million, and removed the offending restriction.  Arora also admitted the breach, but escaped any financial sanction as it was granted leniency for bringing the matter to the CMA’s attention in the first instance.

Read more

Read full article

Renunciation of Tenant’s Right to a New Tenancy

This article aims to provide important information for commercial landlords and tenants in relation to a tenant renouncing his statutory right to a new tenancy, including changes in that area of law and issues arising.

Read more

Read full article

Partnering with celebrity chefs: How to get it right first time

Hotels have long recognised the value that on-site restaurants can bring to their offering.  They are increasingly joining forces with celebrity chefs to forge partnerships aiming to run restaurants of distinction and culinary sophistication.

Read more

Read full article