Investment finance

Copyright © 2024 LexisNexis

Content in the Real estate in corporate transactions subtopic may be of assistance in considering issues where the investment finance is being provided to an SPV or the transaction has a corporate wrapper.

With investment finance, the lender will be primarily interested in the cashflow generated by the property rentals and whether or not these will be sufficient to service the loan interest. The loan to value ratio is also important when considering a host of factors such as liquidity and the ability to pay back the loan either by sale or refinancing. The money borrowed is usually secured on the property and income stream by way of a fixed charge over the property.

Investment finance—the lending structure and key features of the facility agreement

Real estate finance in the form of lending against the cash flow generated by a property is thought of as traditional real estate finance. In its simplest form, it involves a loan to a borrower which is repaid from the rental income of the borrower’s property and involves a loan facility provided to a borrower for it to purchase or refinance a property (or

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Property News

MHCLG publishes non-statutory guidance on HSRAs

The Ministry of Housing, Communities and Local Government (MHCLG) has published non-statutory guidance, providing a comprehensive overview of the application and implementation of High Street Rental Auctions (HSRAs), a new power introduced by the Levelling Up and Regeneration Act 2023. The guidance outlines the 22-24 week HSRA process, from initiation to completion, detailing the necessary steps, including the designation of eligible areas and meeting vacancy and local benefit conditions. It is intended for use by local authorities concerned about vacant commercial premises, commercial landlords and their lenders, businesses and community groups seeking commercial space, and commercial agents who may manage a HSRA on behalf of a local authority.

RICS announces updated Red Book Global Valuation Standards

The Royal Institution of Chartered Surveyors (RICS) has announced significant updates to its Valuation - Global Standards, known as the Red Book. The new edition, set to take effect on 31 January 2025, includes key upgrades such as: alignment with the latest International Valuation Standards; significant adaptations for fast developing areas such as technology and Environmental Social and Governance considerations; integration of new data on modelling and methods and a reformed format for Valuation Technical and Performance Standards.

MHCLG publishes Remediation Acceleration Plan to address unsafe cladding

The Ministry of Housing, Communities and Local Government (MHCLG) has published a new Remediation Acceleration Plan (RAP), aimed at expediting the removal of unsafe cladding in England, identifying all unsafe buildings, and supporting residents from the financial burdens of remediation. The plan sets key targets for 2029, including remediating all 18m+ buildings with unsafe cladding in government-funded schemes by 2029, and ensuring all 11m+ buildings are either remediated, have a completion date, or landlords face severe penalties. The RAP is supported by increased enforcement investment, which will increase the capacity of local authorities, fire and rescue authorities and the Building Safety Regulator (BSR) to manage hundreds of cases annually. The publication of the RAP coincides with a Parliamentary debate on the findings of the Grenfell Tower Inquiry’s final report. During the debate, it was announced that a continuous review process for statutory guidance to building regulations will be introduced, covering fire safety and building design by the BSR. In addition, there will be a review of how the Building Regulations guidance is produced, updated, and communicated to the construction industry.

DESNZ publishes consultation response on electricity networks land rights

The Department for Energy Security and Net Zero (DESNZ) has published the summary of responses to its August 2022 call for evidence on land rights and consents processes for electricity network infrastructure. The document outlines stakeholder feedback on several aspects of the current processes, including voluntary wayleaves, necessary wayleaves, and Section 37 consents. Key issues identified include delays, high costs, and inefficiencies in the existing system. In response, DESNZ established a Working Group to explore potential changes to land purchase and wayleave processes. Suggested improvements include introducing a Code of Practice, implementing alternative dispute resolution mechanisms, and standardising compensation rates. The government is now considering policy changes and intends to conduct further consultations as required, with the objective of facilitating the UK's ambition of achieving net zero power by 2030.

View Property by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

A charge holder seeks an order for possession over a property, and a third party with the benefit of a

A charge holder seeks an order for possession over a property, and a third party with the benefit of a charging order seeks an order for sale over the same property, is there any rule/guidance as to which claim takes precedence or whether one of them would be stayed?This Q&A assumes that the land in

Does a legal charge always take priority over a restriction? For example, if there are two legal charges

Does a legal charge always take priority over a restriction? For example, if there are two legal charges entered on the register and a restriction is registered that pre-dates the registration of the second charge only, will both charges have priority over the restriction?The rules on priority in

Legal charge—specific monies

Legal charge—specific moniesdate [date]Parties1[name of Lender] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Lender)2[name of Borrower] [of OR incorporated in England and Wales with company registration number [number]

Company X has a first legal charge secured against a property. The second legal charge holder is in the

Company X has a first legal charge secured against a property. The second legal charge holder is in the process of issuing possession proceedings. If the second charge holder successfully obtains possession order, how will this effect Company X’s first legal charge? For example, will the second
A charge holder seeks an order for possession over a property, and a third party with the benefit of a

A charge holder seeks an order for possession over a property, and a third party with the benefit of a

A charge holder seeks an order for possession over a property, and a third party with the benefit of a charging order seeks an order for sale over the same property, is there any rule/guidance as to which claim takes precedence or whether one of them would be stayed?This Q&A assumes that the land in

Does a legal charge always take priority over a restriction? For example, if there are two legal charges

Does a legal charge always take priority over a restriction? For example, if there are two legal charges

Does a legal charge always take priority over a restriction? For example, if there are two legal charges entered on the register and a restriction is registered that pre-dates the registration of the second charge only, will both charges have priority over the restriction?The rules on priority in

Legal charge—specific monies

Legal charge—specific monies

Legal charge—specific moniesdate [date]Parties1[name of Lender] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Lender)2[name of Borrower] [of OR incorporated in England and Wales with company registration number [number]

Company X has a first legal charge secured against a property. The second legal charge holder is in the

Company X has a first legal charge secured against a property. The second legal charge holder is in the

Company X has a first legal charge secured against a property. The second legal charge holder is in the process of issuing possession proceedings. If the second charge holder successfully obtains possession order, how will this effect Company X’s first legal charge? For example, will the second