Oksana Howard will be attending next week the IR Global ‘Dealmakers’ international business conference in Zurich

Oksana Howard will be attending next week the IR Global ‘Dealmakers’ international business conference in Zurich

Oksana Howard is looking forward to travelling to Zurich on Wednesday, 29 June 2022, to participate in the IR Global ‘Dealmakers’ conference, which will be attended by 150 legal and financial professionals from over 40 jurisdictions worldwide.

Given that Oksana regularly advises its domestic and international clients on various corporate deals and projects and because she is also a member of M&A Committee at IR, this event will provide a great opportunity to exchange experience on deal-making with her international colleagues during M&A ‘Deals Insight and DealsBash’ networking sessions and also when leading M&A roundtable discussions in relation to the current M&A market and activity in various jurisdictions. 

If you have any questions or enquiries in relation to international deals or transactions, Oksana would be happy to assist.  Please email your enquiry to  oksana.howard@colmancoyle.com

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Oksana Howard
Partner

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The Leasehold Reform (Ground Rent) Act 2022 – What Landlords Need To Know

The Leasehold Reform (Ground Rent) Act 2022 – What Landlords Need To Know

Following widespread calls for change, the Leasehold Reform (Ground Rent) Act 2022 will finally come into force at the end of this month on 30 June 2022, the exception being retirement properties which will not be affected until 1 April 2023.

The Act will limit ground rent in most new long residential leases to one peppercorn per annum, effectively abolishing rental income returns available to landlords and developers.

Whilst there have been concerns about escalating ground rent provisions in existing leases, the Act will not have retrospective effect. Should an existing lease be surrendered and re-granted however, it may very well be caught by the provisions of the Act.

The Act will apply to ‘regulated leases’, which means long leases granted for a term of more than 21 years of a single dwelling in exchange for a premium, on or after 30 June 2022.

There are exceptions and the Act will not apply if a lease is granted after 30 June 2022 pursuant to a prior agreement. Thus, if contracts have exchanged before 30 June 2022 and the grant of a new lease takes place after 30 June 2022, the lease will not fall within the scope of the Act and a ground rent above a peppercorn may be charged. If exchange and completion take place after 30 June 2022 however, the Act applies in full and only a peppercorn ground rent is chargeable.

Business leases, statutory lease extensions of houses and flats, community housing leases, and home finance plan leases are excluded.

Where a voluntary lease extension of a house or a flat is granted after 30 June 2022, the ground rent specified in the existing lease will continue to be payable for the remainder of the original term of the lease and a peppercorn rent will then be payable for the extended term.

There are serious sanctions for non-compliance with the Act and Landlords may face fines ranging from £500 to £30,000 per lease.

The abolishment of ground rents in new leases is part of a package of lease reforms which the Government intends to implement, including substantial changes to the calculation of premiums and procedures for lease extensions and collective enfranchisement. 

Simon Tennant

Sayrha Elahi

Senior Associate Solicitor

Patrick Green guest speaker at Wellcome Collection Musuem for Marie Curie

Patrick Green guest speaker at Wellcome Collection Musuem for Marie Curie

Patrick Green was delighted to once again be invited by Marie Curie to discuss a wide range of key issues with wills, inheritance tax, charitable legacies and deeds of variation.

The event took place at the Wellcome Collection musuem in Euston on Friday 20 May 2022.

Patrick received outstanding praise, with one guest commenting “I did not realise we could give more to charity but my children still receive the same and will therefore be amending my will to reflect that”.

Colman Coyle are pleased to work with charities and not for profit organisations. We have been pleased to assist Marie Curie with the “Gift for the Future” events taking place in London.

Colman Coyle has considerable experience in advising in relation to the preparation of wills and related areas and if you would like to discuss, please contact Patrick Green on +44 (0)20 7354 3000 or patrick.green@colmancoyle.com.

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Dilek Kamalak invited to discuss with potential investors the legal aspects of buying a home in England

Dilek Kamalak invited to discuss with potential investors the legal aspects of buying a home in England

Dilek Kamalak, a Partner in Colman Coyle, is delighted to be a guest speaker to discuss the legal aspects of the home buying process in England.

The event will include potential investors looking to purchase property in the London market.

The event will also include guest speakers from Piccadilly Estates and Barratt London. It will take place at Barratt High Street Quarter Development in Hounslow on Wednesday 18 May 2022 from 17:45pm (BST).

Please read the leaflet below for a detailed overview. There are limited spaces available and therefore if you wish to attend, please email Piccadilly Estates on info@piccadillyestates.co.uk.

Colman Coyle act for a significant number of foreign investors in the UK. If you have any questions on how we can assist, please contact Dilek Kamalak on +44 (0)20 7354 3000.

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Colman Coyle successfully oppose commercial tenant’s 1954 Act lease renewal claim on two grounds

Colman Coyle successfully oppose commercial tenant’s 1954 Act lease renewal claim on two grounds

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Colman Coyle were instructed on behalf of the landlord of a number of properties in Hackney London, the ground floors of which had been let to a commercial tenant.  The landlord opposed the tenant’s lease renewal claim under the Landlord & Tenant Act 1954 on grounds (b) (rent arrears) and (f)  (redevelopment).  The tenant argued that ground (b) could not be made out because it had various cross claims against the landlord which exceeded the rent that was owed and also that the landlord would not be granted planning permission, so that ground (f) could not succeed.

After a four day trial, in respect of which we instructed Nathaniel Duckworth of Falcon Chambers, HHJ Monty QC decided in favour of the landlord on both grounds, and dismissed the application for a new lease.

The decision in respect of the rent claim was of particular interest because of the highly unusual set of circumstances and the background to the dispute.  However, despite the tenant’s arguments, the Judge decided that the cross claims were not sufficiently connected to the claim for rent under the lease to set up a defence of equitable set-off.  The Judge further concluded that even if there had been a right of equitable set-off, the rent was still due under the lease and ground (b) was made out.

In relation to ground (f), the Judge found that the tenant’s expert, who had been instructed by his clients to oppose the planning application, lacked impartiality.  In contrast, the landlord was able to provide evidence from independent architectural and planning experts that planning permission would indeed be given and that the requirements of ground (f) were satisfied.   The Judge preferred the evidence of our clients’ expert, who had no prior interest in the dispute.

For any assistance in a dispute of this nature or indeed where any specialist property litigation advice is required please contact Anne Brown of Colman Coyle on anne.brown@colmancoyle.com or +44 (0)20 7354 3000.

Anne Brown

Anne Brown

Senior Associate

Howard Colman & Oksana Howard are travelling to Washington for the IR Global ‘On The Road’ conference

Howard Colman & Oksana Howard are travelling to Washington for the IR Global ‘On The Road’ conference

Howard Colman and Oksana Howard are travelling to Washington on Tuesday 10 May 2022 (tomorrow) to attend the IR Global ‘On The Road’ conference.

Colman Coyle are a headline sponsor at the conference held at the Fairmont Washington, which begins on Wednesday 11 May 2022.

IR members attending are expected to arrive imminently, with the event presenting an excellent opportunity to further strengthen our relationship with IR members, many of whom we know personally and have worked together on cross referral work.

Howard and Oksana are looking forward to arriving in Washington tomorrow.

If you have any questions or would like to meet with Howard or Oksana during the conference, please email oksana.howard@colmancoyle.com.

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Howard Colman
Partner

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Oksana Howard
Partner

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