Relevant commencement date definition

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Ground rents and long residential leases—Leasehold Reform (Ground Rent) Act 2022

Ground rents and long residential leases—Leasehold Reform (Ground Rent) Act 2022 The term ‘ground rent’ is generally used to refer to a low or nominal rent that is paid under a long lease which has been granted at a premium. Ground rent is payable (most frequently annually or bi-annually) by the tenant to its landlord. Ground rent is different to a service charge and is not intended to reimburse the landlord for costs expended. Premises that may be subject to a ground rent include both flats and houses, as well as commercial land and buildings. From 30 June 2022, the Leasehold Reform (Ground Rent) Act 2022 (LR(GR)A 2022) restricts the level of ground rent that a landlord of an individual dwelling can lawfully charge its tenant under a ‘regulated lease’ (as defined by LR(GR)A 2022, s 1) (a Regulated Lease)—see: What is a ‘regulated lease’? In a Regulated Lease, ground rent is deemed to be capped at the specified lawful ‘permitted rent’ (whether or not the lease purports to reserve a higher rent). In most Regulated Leases the lawful ‘permitted rent’ is the annual ground rent of one peppercorn. The ‘permitted rent’ may be higher for shared ownership leases and/or a lease that replaces a ‘pre-commencement lease’. If a lease is not a Regulated Lease, there are no restrictions on ground rents pursuant to LR(GR)A 2022. This Practice Note

Confiscation step 2: Has the defendant benefited from relevant criminal conduct?

Confiscation step 2: Has the defendant benefited from relevant criminal conduct? Confiscation step 2—determining benefit The steps to determining any confiscation order are set out at section 6 of the Proceeds of Crime Act 2002 (POCA 2002). Once the conditions at POCA 2002, s 6(1) and (2) have been satisfied, the court must determine whether the offender has a criminal lifestyle. A criminal lifestyle is where the court assumes that the defendant’s offending is not limited to that which is before it as a result of their conviction. The court is, in effect, assuming that the defendant is guilty of other types of criminality leading up to the offence(s) with which they have been convicted, which hasn't been detected or punished. The criminal lifestyle provisions under POCA 2002 take the form of a statutory test to determine whether or not the defendant is to be treated as having a criminal lifestyle. For information on what constitutes a criminal lifestyle under POCA 2002, see Practice Note: Confiscation step 1: Does the defendant have a criminal lifestyle? and: Criminal lifestyle—flowchart. Once the court has determined the question of whether or not to treat the defendant before it as having a criminal lifestyle, it must then move to determine the extent of their benefit. If the court determines that the defendant has a criminal lifestyle, there is a further exercise of

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Is there any guidance in respect of a client purchasing a leasehold property, specifically with regard to any ground rent provision causing the lease to be treated as an assured shorthold tenancy under the Housing Act 1988, by virtue of exceeding £250 per annum (£1,000 per annum in Greater London)?

Is there any guidance in respect of a client purchasing a leasehold property, specifically with regard to any ground rent provision causing the lease to be treated as an assured shorthold tenancy under the Housing Act 1988, by virtue of exceeding £250 per annum (£1,000 per annum in Greater London)? Advice relating to ground rent in long residential leases should be given in light of the government’s announcement that it intends to bring the Leasehold Reform (Ground Rent) Act 2022 (LR(GR)A 2022) into force by August 2022 (Government guidance: Leasehold Reform (Ground Rent) Act 2022). As it is not retrospective, LR(GR)A 2022 only changes the position on lawful ground rents if the relevant lease is a 'regulated lease' as defined under LR(GR)A 2022. This excludes existing leases and leases granted after the relevant commencement date pursuant to a contract (which is not an option or pre-emption agreement). As highlighted in the Solicitors Regulation Authority produced guidance: Advising on leasehold provisions including ground rent clauses, if advising in relation to the purchase of an existing lease of a residential dwelling, it is important to ensure that the client understands the implications of any ground rent clauses, including explaining the effect over time of clauses which increase the ground rent that is payable (LR(GR)A 2022, ss 1, 3 and 7). The client should also be made aware of the risk

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Interpretation, causation and notification in professional indemnity insurance policies

Dispute Resolution analysis: Christopher Burt, solicitor at Moon Beever, considers the recent Commercial Court decision in a professional indemnity insurance coverage case arising out of an abortive ¥480m investment in China.

ARC Capital Partners Limited v Brit Syndicate

Insurance & Reinsurance analysis: The decision in ARC Capital Partners Limited: (1) Brit Syndicates Limited and (2) QBE Underwriting Limited.