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Economic Crime (Transparency and Enforcement) Act 2022 and the Register of Overseas Entities: who really owns this land?

On 15 March 2022, the Economic Crime (Transparency and Enforcement) Bill (the "Bill") received Royal Assent, and is now known as the Economic Crime (Transparency and Enforcement) Act 2022 (the "Act"). As explained in our recent briefing on the Bill, the Act introduces a register of beneficial ownership information for overseas entities that own or buy UK property ("the Register"), as part of the government's package of sanctions against Russia and in order to progress its longer-term strategy of combatting economic crime.

Economic Crime (Transparency and Enforcement) Bill 2022 and the Register of Overseas Entities: who really owns this land?

In 2016 the Government introduced a requirement for all UK companies to maintain a register of "People with Significant Control", and announced its intention to establish a register of beneficial ownership information for overseas entities that own or buy UK property ("the Register").

The Environment Act 2021 and the real estate sector

The Environmental Protection Act 1990 was a landmark piece of legislation for the real estate sector, establishing legal responsibility for contamination and pollution control for land, air and water, and also regulating waste disposal and statutory nuisances. Our understanding of the threat posed by contamination and climate change has increased significantly in the thirty years that followed, and the long-awaited new Environment Act was finally put onto the statute books in 2021. When it is fully operational, what might the new legislation mean for the UK's real estate industry?

Tipping the balance: the Government's proposals on mixed-use buildings could have a significant impact on property owners and commercial tenants

In amongst the blizzard of press releases and policy documents emanating from the Department of Levelling Up, Housing and Communities since the New Year is a consultation called "Reforming the leasehold and commonhold systems in England and Wales". It is important for the commercial real estate sector because it contains new proposals which could tip the balance in mixed use buildings between residential leaseholders on one hand and freeholders and commercial leaseholders on the other hand.

Scanning the Real Estate horizon: Out with the old, in with the new

In this briefing we look at 12 of the changes to law and practice that are likely to impact on the real estate sector in 2022.

London Trocadero v Picturehouse Cinemas – Defectively served Part 36 offer limits cost recovery

The recent judgment of the High Court in London Trocadero (2015) LLP v Picturehouse Cinemas Limited [2021] EWHC 3103 (Ch) provides an interesting insight into judicial treatment of defective Part 36 offers, the question of when Part 36 offers will be considered genuine offers to settle, and the other factors considered by the court in determining when it would be unjust to apply the full cost consequences prescribed by CPR r. 36.17.

Care homes administration fees: exploitative practice or reasonable reimbursement?

Is it reasonable for care home operators to charge new residents an administration fee on admission, separate from the costs of care or accommodation? Do fees of this sort merely compensate care home operators for the internal costs incurred in managing the personalised admission of a new resident, or are they unfair charges which take advantage of the stress and complexities of arranging residential care? 

REIT reform – some helpful changes to the draft legislation

As part of the government's review of the UK's fund regime, and its wider efforts to enhance the UK's attractiveness to asset managers and investment funds, a number of changes are to be made to the UK's REIT regime with effect from 1 April 2022. Further changes to the REIT rules are likely to follow further down the line as the review progresses.

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