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Impact of Climate change on Property transactions

Shona Jones

Climate change is an undeniable global phenomenon with far-reaching consequences for our environment, economy, and society. While discussions often focus on its ecological and economic impacts, it is essential to recognise that climate change is also having a profound influence on property law. This article explores the potential impact of climate change in this context, highlighting the need for adaptation and innovation within the legal framework.

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Commercial rent arrears: the new law

Late March saw the end of some long-standing temporary changes in the law due to COVID-19, and the introduction of some new ones!  Commercial landlords and tenants are affected.

From early in the first lockdown in 2020, commercial landlords were banned from exercising most of the usual remedies available to them to enforce rent arrears that fell due during the period of the pandemic, as a measure to protect tenant businesses.

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Changes to SDLT

One of the more surprising handouts from the chancellor in response to the pandemic was the stamp duty holiday. As it comes to an end we explore what impact this will have on the housing market.

SDLT is the tax you pay on property purchases. The amount you pay depends on the value of the purchase. Prior to July 2020, SDLT was payable on all properties priced over £125,000.

 

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Commercial rents – what happens once the moratorium lifts?

Fergal O'Cleirigh

Fergal O’Cleirigh

The statutory moratorium on lease forfeiture for commercial leases is set to expire at the end of June 2021. If it is not extended then tenants who have taken advantage of this will be required to resume rental payments as well as to pay any rent that has accrued during the moratorium.

We have received enquiries from tenants and landlords over the last few weeks anxious to understand what they can do about rent arrears and enquiring whether now is a good time to negotiate a new lease.

Our general thoughts on this are set out below. Obviously much will depend on your individual circumstances so it is important you seek specific advice before making any decisions.

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Major changes to Planning ‘use classes’ system

In a bid to make it easier to repurpose town centres and high streets across England and Wales, the Government has made major changes to the ‘use classes’ that businesses must operate within for planning purposes.

New regulations came into force on 1st September 2020 which significantly amended the 1987 Town and Country Planning (Use Classes) Order. A number of classes have been abolished and moved into a more generic Class E.

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