The property

This Overview is a guide to the Banking & Finance content within the Real estate finance: The property subtopic, with links to the appropriate materials.

At the heart of any real estate finance transaction is the property itself and it is important for banking and finance lawyers to understand the nature of the asset being financed as this will impact on the terms of the finance documents.

Real estate lawyers are of particular importance in real estate finance transactions, working closely with the banking and finance lawyers and providing reports to both the lender(s) and the borrower in relation to the title of the property involved. For more information, see Practice Note: The role of a real estate lawyer in real estate finance transactions.

Key property related documentation

For information on the key property documents in a real estate finance transaction, see Practice Note: Key property related documents in investment finance transactions—This Practice Note sets out the key property related documents and information used or reviewed by real estate lawyers in an investment finance transaction along with details of who prepares and reviews

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BPF publishes guidance on Renters' Rights Act 2025

The British Property Federation (BPF) has published guidance on the Renters’ Rights Act 2025 (PRA 2025) to assist its members, landlords and other stakeholders in understanding the PRA 2025’s scope and reforms across the private rented sector (PRS) in England. The PRA 2025 introduces wide-ranging structural changes to tenancy arrangements, possession procedures, rent regulation and landlord compliance obligations. It will take effect on 1 May 2026 and will be implemented in three phases. Phase one, commencing on 1 May 2026, will abolish section 21 ‘no-fault’ evictions, replace fixed-term tenancies with open-ended Assured Periodic Tenancies (APTs), and limit rent increases to once every 12 months. It will also ban rental bidding, restrict the payment of rent in advance to one month at the outset and expand obligations relating to pets and anti-discrimination against renters with children or those in receipt of benefits. These reforms will apply to both new and existing PRS tenancies. Landlords will be required to provide tenants with the government-published information sheet by 31 May 2026. Phase two, expected in late 2026, will introduce a mandatory national PRS database for landlords and local councils, alongside a new PRS Landlord Ombudsman. Landlords will be required to register themselves and their properties on the database and comply with Ombudsman determinations. Phase three will extend the Decent Homes Standard to the PRS and implement ‘Awaab’s Law’. This will require landlords to address reported health and safety hazards, such as damp and mould, within defined statutory timeframes: (1) investigation within 14 days of a complaint; (2) provision of findings within two days of the investigation; (3) commencement of emergency repairs within 24 hours; and (4) commencement of non-urgent repairs within seven days.

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