Tenant mix in shopping malls in Brazil: understanding of the Brazilian Superior Court of Justice regarding the responsibilities and limitations of the property manager
This article aims to clarify the concept of tenant mix in shopping malls and to deal with the limitations and responsibility of the landlord or property manager when organising it. To this end, we bring information about a recent decision of the Brazilian Superior Court of Justice, when judging a tenant’s compensation claim, based on an alleged predatory tenant mix by the shopping mall manager, which authorised the lease of a new store, conducting similar business, close to the establishment of the tenant.
Released on Sep 9, 2024
Student residences in Austria: investment opportunities in a flexible framework
Student residences fall outside the scope of the Austrian Tenancy Act and operators have more freedom in determining the contents of the lease. Student residences may be considered an attractive and lucrative asset class in Austria.
Released on Sep 9, 2024
Doing business in Norway
The legal framework for real estate transactions and leasing real estate in Norway is predictable and transparent, as it is widely based on industry standards. The article provides a brief overview of doing business in the commercial real estate market in Norway.
Released on Sep 9, 2024
Enhancing secure engagement and returns through small and medium real estate investment trusts
Real estate has long been a cornerstone of wealth creation, offering investors a tangible asset with the potential for steady income and long-term capital appreciation. In the context of India, real estate holdings constitute a significant portion of the wealth portfolio of several asset creators. However, in recent years, the real estate market in India has witnessed a significant surge in activity, propelling it to the forefront of investment options.
Released on Sep 9, 2024
Fiduciary sale of supervening ownership of real estate
This article deals with how the Brazilian legal framework addresses the possibility of encumbering a real property with a second fiduciary sale, whose effectiveness is subject to a suspensive condition corresponding to the termination of the original fiduciary sale.
Released on Sep 9, 2024
Land value tax in Australia?
Land value tax is a wealth tax payable by landowners in Australia. It is one of three forms of taxation payable by real estate investors in Australia.
Released on Sep 9, 2024
How electricity and gas supply shortages can affect leases
In times where the electricity and gas supply for heating or hot water are not always secure, landlords and tenants may face various challenges. These might be connection with additional costs or the qualification of a rental property as defective, if the electricity supply/heating system are shut down or only run at reduced capacity. Potential claims may include rent reductions or coverage of losses/damages incurred by tenants in such a position. There is no black and white solution to these issues, yet such claims may be justified, if the rental property is unfit or less fit for its designated use.
Released on Oct 25, 2022
Report: 12th Annual Real Estate Investments Conference, 15–17 June 2022, Amsterdam
A report on the 12th annual Real Estate Investments Conference which took place in Amsterdam between 15–17 June 2022.
Released on Oct 18, 2022
Residential leases: caps on indexation of rent in 25 different jurisdictions
This article looks at the approach of 25 different jurisdictions to caps on indexation of rent for residential leases. As residential lease contracts usually cover a long term, it is common to agree on an indexation of the rent to secure that the rent level follows the development of general cost of living. This way, a real estate investment has the potential to be an inflation secured investment.
Released on Oct 18, 2022
Register of overseas entities: considerations for property transactions in England and Wales
On 1 August 2022, the Register of Overseas Entities (the Register) opened in the UK, in accordance with The Economic Crime (Transparency and Enforcement) Act 2022. This article summarises the current key factors any overseas entity owning or intending to own property in the UK must consider – as there are different dates for Northern Ireland and Scotland, the position that follows is that for England and Wales.
Released on Oct 18, 2022
Contemplation of fractional ownership in India: A real estate regulatory perspective
Over the last few years, fractional real estate has become a buzz phrase among investors involved in India’s real estate market. Given the rising interest in this subject area, this article presents a view on the real estate regulatory concerns about this type of ownership.
Released on Oct 18, 2022
Segregate estates relating to judicial recovery in Brazil and the Esser Group case
This article addresses the applicability of the doctrine of segregate estates to real estate developments and how Brazilian case law is evolving in the event of judicial recovery where SPVs are used to structure a developer’s business model.
Released on Oct 18, 2022
Real Estate M&As and change of control clauses in lease contracts
The article addresses which matters to pay attention to in due diligences regarding change of control clauses in commercial leases where the target company is a tenant.
Released on Aug 24, 2021
Draft data centre policy of India 2020: an overview
Although there has been a phenomenal growth in the data centre sector in India with the advent of many local and foreign players, the sector is still at its nascent stage and suffers from few impediments. The Indian government has released the Draft Data Centre Policy 2020 which aims to counterpoise these challenges, and many states have introduced or are in the process of introducing their own data centre policies as well.
Released on Aug 24, 2021
Contracts as the ‘make or break’: delays of construction projects
Current raw material shortages are affecting costs and the timing of construction projects. The key to managing these issues are contractual provisions, which this article discusses.
Released on Aug 24, 2021
Changes to a centuries-old tax applicable to certain real estate in Brazil
This article discusses changes to ‘marine land’ taxes in Brazil, which may provide an opportunity to private owners for savings in future taxes as well as a possible increase in the value of these types of properties.
Released on Aug 13, 2021
Anti-money laundering and counter-terrorism financing regulation in the Brazilian real estate market
Brazil takes a step further towards its anti-money laundering and counter-terrorism financing regulation within the realm of FATF-GAFI directives and bind notaries, registrars, intermediaries and advisors in real estate transactions.
Released on Aug 13, 2021
From the Editors, Real Estate Section, October 2020
A message from the Editors of the Real Estate Section, October 2020.
Force majeure and breach of contracts in Argentina
In Argentina, the National Civil and Commercial Code defines the concept of force majeure. Since the Covid-19 crisis is ongoing, there is still no precedent on how judges may decide current and future claims for breach of commercial agreements due to this event. Judicial decisions will most probably contemplate the unforeseen worldwide health crisis and its negative impact in the economic activity of the country.
Impact of Covid-19 on leasing in India
Covid-19 has led to both lessors and lessees witnessing unprecedented times, with India imposing curbs to contain the Covid-19 pandemic, freezing every kind of activity barring essential services. This article seeks to discuss the impact of Covid-19 on both the commercial and residential lease markets along with the view of the Indian courts on the same.
The processing mechanism of default party suing for dissolution of contract in China during Covid-19
Covid-19 has had an important impact on the normal performance of contracts. In the field of real estate, the cases of tenants requesting to terminate contracts have also appeared gradually. In this circumstance, China, the first country affected by the pandemic, has already explored a new mechanism to cope with the situation where tenants breach their contracts and request to terminate, and has applied this mechanism in judicial practice.
Doctrine of suspension of rent on the basis of a force majeure event: the Delhi High Court view
This article looks at a recent landmark decision in a case decided by the High Court of Delhi, which has dealt with the question as to whether the governmental lockdown imposed due to Covid-19 would entitle tenants to claim waiver or exemption from payment of rent or suspension of rent.
Covid-19 Secure – what are the immediate common interest implications for landlords and tenants of multi-occupancy offices?
As lockdown restrictions are relaxed and more companies are starting to think about a Covid-19 Secure return to the office, what practical steps should landlords and tenants take to ensure a safe return? What legal implications will these steps have? Landlords and tenants have a common interest here and it is fundamental to any safe and successful reopening that they work collaboratively and cooperatively.
Frustration and force majeure in property contracts: an English law perspective
Is Covid-19 an event of force majeure in England? This article looks at how English law governs the doctrine of frustration and the related concept of force majeure clauses in property contracts.
A shift to digital: the impact of Covid-19 on real estate
This article aims to determine how Covid-19 has impacted the real estate sector. Building on existing work on real estate and technology, it asks: To what extent has the Covid-19 pandemic affected the industry’s intention to digitise processes? Has technology adoption sped up or slowed down?
Does Covid-19 constitute force majeure in Danish commercial lease contracts?
Does Covid-19 constitute force majeure in Danish commercial lease contracts? By Claudia S Mathiasen
Impact of Covid-19 on real estate contracts in Italy
The Covid-19 health emergency has deeply impacted the Italian economy, causing an abrupt halt of productive activities and uncertain market trends. With particular reference to the real estate industry, construction activities and lease relationships can be considered the most-affected relationships and the Italian government has adopted several measures for the purpose of supporting the real estate operators.
Acts of God and force majeure during Covid-19 in Mexico
Due to the Covid-19 pandemic, the defaults of certain obligations of agreements by the parties who have entered into them, produced by the lockdown ordered by governmental authorities and the sanitary restrictions caused by the pandemic, has caused the analysis of the force majeure and acts of God clauses, in order to exclude liability for such defaults, caused by the incapacity to fulfil certain obligations under Mexican legislation.
Impact of the Covid-19 outbreak on the Polish leasing market
The Covid-19 outbreak forced the Polish government to conduct some fast and complex interventions in many market areas, including real estate. This article identifies the main restrictions related to retail activity, including those applicable to large-scale format shopping centres, as well as their impact on the performance of the existing lease agreements.
Covid-19 effects on the performance of real estate agreements in Colombia
Covid-19 effects on the performance of real estate agreements in Colombia