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Inside Residential

Issue 5: December 2023

Inside Residential

Editor's Note

Dee Aylward - Mishcon de Reya

Our Residential Real Estate team is instructed to act on some of the most prestigious and complex property transactions in the country. Despite the property market remaining subdued in 2023, we continued to be one of the "go-to" teams for such transactions; from the sale and purchase of super prime properties in central London, to some of the most significant English country estates. The work was often complex, involving colleagues in our Planning, Tax, Construction, Immigration and Family teams. Mishcon's Residential team has the advantage of offering clients support from some of the best lawyers in these complementary fields.

Read the full note

News

Government consultation on capping ground rents in long residential leases

The Government has been talking about tackling "onerous ground rents" since at least 2016. The difficulty has been in defining an onerous rent. This issue was neatly sidestepped in the Leasehold Reform (Ground Rent) Act 2022 which, since June 2022, has limited all ground rents in most new long residential leases to a peppercorn (i.e. £0).

News
Construction professionals

Know your limits: establishing property boundaries

Many boundary queries have been settled on the basis of a little-known presumption called the "hedge and ditch rule". The "hedge and ditch rule" is a traditional principle that has been used for centuries to determine the ownership of boundaries. This rule is particularly relevant in rural areas where properties are often separated by hedges and ditches, but it can also apply in other contexts.

News
Street of houses

Can I carry out works to my leasehold property?

A regular query raised by leasehold property owners is: what works can I carry out to my property and is my property subject to any restrictions? The common misconception is that you can carry out any works you wish.

News
White buildings in London

Buyer beware: Overview of UK tax changes affecting ownership of UK real estate

The United Kingdom has long been an attractive destination for overseas high net worth individuals (HNWIs) seeking to invest in residential property. Historically, many of these investors utilised offshore companies to hold their UK real estate, benefiting from various tax advantages including the ability to completely shelter the underlying UK property from UK inheritance tax. However, over the last decade, the UK has introduced significant changes to its tax legislation, aiming to increase transparency and tax revenue.

Inside Residential Issues

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