Five top tips for international buyers of UK Residential Property

Buying a property in the UK can be an overwhelming process, made more stressful if the purchaser is based overseas. In order to ensure the process runs as smoothly as possible it is crucial to understand the additional complexities of a cross-border purchase and the particular nuances of buying property in the UK.

We share our top five tips when purchasing a UK property that all international buyers should be aware of.

Much Ado About Service Charges

A recent case (Criterion Buildings Ltd v McKinsey and Co Inc [2021] EWHC 216 (Ch)) has clarified the proper approach to the calculation of service charges in relation to commercial premises. In particular, the apportionment of the service charge between the tenants and the demands for sinking fund contributions was considered.

Returning to work - key considerations for employers

Employers and employees alike will be well aware that on 19 July 2021 the government lifted its instruction that people should work from home. This article will address how employers can best interpret the current government guidance (in conjunction with their statutory duties) and the takeaway points from recent Employment Tribunal decisions concerning the return to work.

Transport Decarbonisation Plan - Key Take-Aways for Logistics

The Government has published its most recent plan to decarbonise the transport system in the UK. "Decarbonising Transport: A Better, Greener Britain" (the TDP) is intended to be a "greenprint" for the UK's road to a net zero transport industry by 2050. The publication of the plan is particularly timely given that the UK will be hosting the UN Climate Change Conference (COP26) in Glasgow later this year.

Asset protection considerations

While the use of trusts to hold UK residential property can potentially offer some degree of asset protection when compared to outright personal ownership , this protection may not be as robust as clients would like.

Tax and estate planning considerations

The acquisition of UK real estate by a non-UK domiciliary will always come with an increased exposure to UK inheritance tax (IHT). The value of UK property in a person’s estate will be subject to IHT at a flat rate of 40% on death if and to the extent that it exceeds the deceased’s available ‘nil rate band’ amount of up to £325,000. This may come as a shock to clients from the US, where the amount that can pass free of Federal estate tax is currently $12.92m!

A resilient outlook for the UK property market in some sectors

Property experts from across the industry agree that while many areas of the UK residential property market are slowing in light of rapidly increasing costs of finance and concerns around the economy in general, high-value London real estate and property located in sought after locations, continues to be a popular choice for international buyers, both as a place to call home and for investment purposes.

Post-Pandemic Business Tenancy Renewal Terms

This is yet another recent County Court Judgment as to renewal of a business tenancy. It seems tenants are now keen to take renewals to Trial to not only seek lower rents but better terms generally.

This case relates to Poundland’s premises at 18-22 King St, Twickenham where the parties agreed a new rent of £130,000 per annum for a new 5 year lease without a break clause shortly before the Trial. But they did not agree all the other terms of the lease as Poundland wanted to change some of the historic terms in light of the pandemic and generally.

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