New year, new opportunities for Build to Rent – Helen Streeton writes for BTR News

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Build to Rent was once considered a niche segment of the UK’s housing market. It has now gained significant attention from investors over the past year.

Despite the UK’s continued macro-economic headwinds and uncertainty in terms of new legislation, the Build to Rent market is poised to play an increasingly important role in the UK’s housing delivery.

Investor interest ticking upwards

Overall, investor appetite for residential assets is increasing across all living sectors. Interest in Build to Rent is now at a level comparable to that seen in other high-demand sectors such as data centres, logistics, and purpose-built student accommodation (PBSA).

Investors are increasingly recognising the potential of Build to Rent as a sustainable long-term investment, combined with growing demand for rental properties, since fewer people can afford home ownership due to high property prices and restrictive mortgage access.

With more individuals and families having no option but long-term rental solutions, Build to Rent has positioned itself as a solution to the chronic shortage of homes in the UK. The sector offers stability and resilience amid broader market volatility, making it an attractive proposition for institutional investors looking for reliable returns.

Tax changes have already led to a reduction in the number of buy-to-let properties – the abolition of mortgage interest rate relief being one measure that has impacted supply.

Landlords also face higher costs due to new legislation such as the Renters’ Rights Bill, once it becomes law. These changes are expected to continue shrinking the private rented sector (PRS) market, further driving demand for Build to Rent homes.

Obstacles to look out for

Looking ahead in 2025, considerable funds are available for deployment in Build to Rent, but there is a challenge around achieving satisfactory returns – factors such as high construction costs, interest rates, inflationary pressures and the broader economic climate all impact here.

A key concern is the potential impact of government policies and other demand-side stimulants aimed at revitalising the Build to Sell market. These initiatives could inadvertently shift resources away from Build to Rent, leading to a reduction in supply.

Developers may opt to focus on traditional sales, given the stronger demand from the home-buying market, ultimately reducing the volume of Build to Rent stock available.

Building Safety Act requirements around higher-risk buildings together with a sticky planning system remain obstacles to getting buildings out of the ground. These factors are resulting in delayed or stalled projects, putting pressure on an already constrained housing supply.

Build, build, build: the role of Build to Rent

One solution which the government has recently proposed to the UK’s housing crisis is its revised National Planning Policy Framework (NPPF), which is far less prescriptive than previous versions, focusing more on addressing local needs for both ownership and rental housing.

Local authorities will be increasingly willing to consider Build to Rent as a solution to meet housing demand, particularly in areas where high levels of rental demand exist. However, developers will need to demonstrate through the planning process how their Build to Rent schemes will address specific local needs. This approach allows for greater flexibility, offering developers the opportunity to tailor projects to meet the diverse requirements of local communities.

Whilst changes to the NPPF aim to unclog the planning system, Labour’s proposed housing target of 300,000 homes per year until 2029 is unachievable within the current economic climate and regulatory framework.

However, Build to Rent is well-positioned to contribute significantly due to its investment structure and offering, which isn’t contingent on sale absorption rates. By providing high-quality rental homes, Build to Rent can help to alleviate pressure on the broader housing market.

Another piece of legislation working its way through Parliament is the Renters’ Rights Bill, which includes provisions to abolish Section 21 no-fault evictions and introduce rent review processes.

While these changes primarily affect the PRS sector, they highlight a broader trend towards tenant protection. Investors in the Build to Rent sector will need to adapt to these changes, ensuring that their properties remain compliant with evolving tenant rights regulations.

In conclusion, the Build to Rent sector is well positioned to play a pivotal role in shaping the UK’s housing landscape in 2025. The sector has the potential to meet the growing demand for rental homes, contribute to ambitious housing targets, and provide stable investment returns.

As new challenges and opportunities emerge, stakeholders in the Build to Rent sector must remain agile and proactive, ensuring that this vital sector continues to thrive amidst the ever-changing housing landscape. Build to Rent is a necessity if Labour wants to meet the UK’s housing needs.

This article was published on BTR News on 10 January 2025, and can be accessed here.  

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Amy France speaks to Property Week about the Older People’s Housing Taskforce report

Modern apartment buildings stand in a row, featuring large windows and balconies. The setting includes landscaped paths, benches, and greenery under a partly cloudy sky.

The long-awaited report from the Older People’s Housing Taskforce has called for a new national strategy for an ageing population, including revisions to the National Planning Policy Framework to strengthen the need for older people’s housing.

Property Week has reported on the new strategy where many industry professionals have also shared their views. 

Our Head of Later Living, Amy France, said: “With suitable housing for older people being critically low in the UK, we welcome the recommendations from the Taskforce which outline tangible actions that will boost the delivery of homes, rather than simply reiterate the scale of the issue. 

“The Taskforce has not forgotten to provide for those who wish to remain and potentially be cared for in existing homes – still the greatest preference amongst older people – with references to the need to think holistically about social care, housing and the NHS. By building up community and primary health services, the aim is to keep patients healthy and out of hospital, with care provided in the home which should provide a massive boost to quality of life and health outcomes, not to mention lowering the burden on the NHS.”

This full article was published on 26 November 2024 and can be read here.

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‘Planning to make a better rental market’ Helen Streeton shares her thoughts with Landlord Today

Skyscrapers with vertical, linear designs stand tall under a clear blue sky. The buildings reflect sunlight on their glass surfaces, creating a modern urban landscape.

Following its General Election victory, the Labour Government sprang into action to tackle the housing crisis, tabling a Planning and Infrastructure Bill and Renters’ Rights Bill in the King’s Speech within weeks of taking office.

It also announced an eight-week consultation on a revised NPPF, reiterated its manifesto commitment to delivering 370,000 homes a year in this parliament, and addressed mandatory housing targets for councils and the ability to build homes on the ‘greybelt’ (greenbelt of poor quality and underutilised land).

It’s clear that Britain’s 12 million renters won’t be forgotten under a Labour Government, but will Labour policies create an appealing landscape for investors?

The UK Build to Rent sector is one of the fastest-growing sectors in the housing market, with the delivery of units increasing at an average rate of 54% per annum between 2015 and 2021, according to JLL. Despite this, there is disparity up and down the country regarding planning authorities’ knowledge and understanding of BTR as a product and how financial viability modelling works. This is different to housing delivered for sale.

The number of households renting is rising, 35% of households now rent, compared with 35% who own outright (most of whom belong to the over 65 age category) and 30% who own with a mortgage. Renting is no longer the reserve of the young, with the number of households in England where the main tenant is between 45 and 64, sitting at around 70% of the rental market.

The Renters’ Rights Bill seeks to ensure that renters have long term secure and high-quality housing. BTR developers and operators welcome new laws which will provide these protections – the vast majority of landlords want their tenants to be with them long-term and already provide the flexibility to move between properties as needs change.

At the same time, any new legislation needs to ensure a balance between those protections and investor appetite – it would backfire if the upshot is that landlords, especially smaller PRS landlords, withdraw from the market, further choking off supply and putting upward pressure on rents.

Research from the British Property Federation earlier this year showed that 40% of BTR sites take at least a year to achieve planning consent and there are concerns within the industry about the pace at which the new Building Safety Regulator can review buildings within the Building Safety Act Gateways.

Changes to the planning system are a key priority for the government, with Labour hoping it can unlock schemes and investment. Great certainty in planning timelines and a clear framework should enable schemes to progress more quickly. But with both the planning system and building safety, questions remain over resource – is there enough focus on ensuring we have professionals with the necessary skills within the sector?

Labour’s ‘getting Britain building’ rhetoric will only succeed if there are fundamental changes to how Britain’s planning system operates in tandem with a concerted effort to increase resource at a local and national level.

The industry and investors will be eagerly awaiting next steps on the Renter’s Rights Bill tabled by the Government, which is now at the committee stage. Early signs are promising for individual renters, with increases to rights and protections including banning Section 21 ‘no-fault’ evictions for new and existing tenancies. However, the precise and final details of the Bill will be critical in determining the impact on investor appetite.

Labour needs to work closely with industry stakeholders to develop a rental framework that balances the interests of landlords, tenants, and local communities, ensuring fair and transparent practices.

This article was published in Landlord Today on 04 November 2024.

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Amy France tells EG about the diversification of the later living sector

A modern block of flats rises upward, featuring glass balconies and mixed cladding. It is set against a bright, blue sky with scattered clouds and nearby leafy branches.

After a lacklustre year so far, we are finally seeing some positive movements in the later living sector. The exciting part is that many of the new developments demonstrate the diversification of the industry in terms of ownership models and affordability, both of which have been anticipated for some time.

Although the primary focus on the Older People’s Housing Taskforce has been to explore ways to increase the provision of homes to meet a high level of projected demand, we are also anticipating in-depth guidance on how the sector should adapt to meet the increasingly sophisticated nature of those consumer demands. In practice, this means a much greater choice of tenures across a much wider variety of locations.

We might still wait with bated breath for the outcomes of the task force, however there are signs that the sector is already rising to the diversification challenge, fuelled by a gradual increase in investment.

Affordable options

A recent example is New York-based private investor Meadow Partners’ partnership with shared ownership specialist Affordable Housing & Healthcare Group to build a £500m senior living shared ownership portfolio. AHH is an affordable housing-focused provider with a footprint in the South West which has a unique shared ownership model, in that it typically sells off 50% of its retirement living developments and rents the other half to occupiers. In a similar move, albeit on a smaller scale, Vistry Group has recently agreed a £19m deal with Anchor to build 77 affordable homes in the East Midlands.

It is not just affordable housing that is spreading beyond its usual parameters. We are also seeing retirement villages, most commonly found in London and the South East, gaining ground elsewhere in the UK. In this regard, Adlington Retirement Living stands out, having recently announced plans to build a 96-home community in Leicester, to add to its 18 independent retirement communities created since 2008 across the North West, Yorkshire, Wales, Bedfordshire and the Midlands.

The level of amenity is an area that can be adjusted by developers to deliver more affordable options, with some developments scaling back to one multi-purpose community room to accommodate social activities. Mid-market solutions might, for example, forgo an on site restaurant, particularly in town centre locations, where there is less need.

This trend will continue as economic conditions improve and developers become more ambitious in terms of scale. Shared facilities between a higher number of homes reduces operating costs and consumer prices. There is also hope that the new government, with its emphasis on housing delivery, might finally reduce some of the current strain on senior living developments caused by the planning system and serve to boost numbers.

Catalyst for action

Another key shift is a growing provision of rental housing for older people. This is happening for a plethora of reasons that deliver multiple benefits to consumers, providers and the general health of the housing market. These include greater flexibility over the timing of the sale of the family home, quicker access to services and care, no maintenance worries, no exit fees and no long resale periods.

So far, Birchgrove is the only dedicated developer building retirement homes solely for rent. But with such a huge and growing demand, others are likely to follow. Birchgrove itself is exploring different formats. For example, in conjunction with Hybr, the developer has launched an intergenerational living scheme in north London which will see students, key workers and retirees living alongside one another.

As the sector races to address the deficit of housing for older people, it is pleasing to see that, at the same time, careful thought is going into meeting the needs of a diverse range of people. The eventual publication of the findings of the task force should act as a further catalyst for action, with backing from the UK’s new pro-housing and development government.

It would be great to see Labour’s planned new towns becoming a template for delivering the right balance of the different types of senior housing into a single location. Certainly, the older generation deserve to have their varied needs met just as much as other demographics, such as first-time buyers and families, which have been the priority for so long. Let’s hope that this new focus on diversification continues at pace.

This article was published in EG on 26 October 2024.

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Lessons from the Olympics: creating lasting value at pace. Helen Streeton writes for EG

Skyscrapers rise into a cloudy night sky, their windows glowing with interior lights. Nearby buildings reflect on the glass surface, creating an urban atmosphere.

With the Paralympics now finished, attention turns to what the future holds for Paris’s Olympic Village and its legacy for Parisians.

The newly developed Olympic Village is to be transformed into a combination of homes, leisure, commercial, community and education facilities. The homes will be a mix of social and open-market homes, with the design of the apartment buildings highlighting how good affordable housing can be.

Similar to the plans for Paris, the London 2012 Olympics kick-started a huge regeneration project in east London, transforming Stratford and Hackney Wick through £400m of investment into the area. This delivered economic growth which exceeded pre-Games projections three-fold, with almost 40% growth in local employment and thousands of homes (East Village, the former Athletes’ Village, has more than 3,284 homes and an estimated 6,500 people live there). Legacy was at the forefront of the vision for the London Olympics – a goal it has seemingly successfully achieved.

The French government also has ambitious plans to create four new Metro lines for greater Paris through the Grand Paris Express project, which will focus on connecting disadvantaged areas and streamlining commutes for thousands of people. Not only does this new infrastructure reduce travel times, but ultimately provides access to employment opportunities and amenities that are currently out of reach for many in Paris. It is said there will be 11 times more job offers to people within a 45-mile radius of the new hub than now, showing the true value added through improvement to infrastructure and travel.

Need for speed

The connectivity to Stratford was key to unlocking the East Village. Stratford International opened in 2009, connecting the area to King’s Cross in seven minutes, followed by the Elizabeth Line in 2022. Sustainable travel connections need to underpin any major regeneration, alongside employment opportunities and affordable housing.

Hosting the Olympics is a remarkable opportunity and can create meaningful value for the surrounding community and wider country, but it cannot continue to be the case that we need to be on the world stage to release necessary funding and deliver projects successfully and at speed.

Government funding was a key element of ensuring the London Games were delivered by the Olympic Delivery Authority and demonstrates that it is possible to deliver government-funded housing at speed when there is a need. With the Athletes’ Village then sold on to the private sector, this shows how effective public-private partnerships can be.

In many ways, the transformational ideas of the Paris and London games align with the Labour government’s focus on “new towns”. A few weeks ago the government announced its New Towns Taskforce, a key role of which will be to advise ministers on appropriate locations for significant housing growth. A final shortlist will be coming down the track within 12 months.

We can expect a mix of new standalone communities built on “greenfield” and a number of “urban extensions”, presumably to optimise transport links and other important infrastructure. The unifying principle is that they will contain at least 10,000 homes. That is a large metropolis, which will throw up additional demand for public services – schools, medical facilities, green spaces and so on. It isn’t clear where this land will come from – exercise of CPO powers is slow and public-private partnerships may be a part of the answer for land assembly.

Lessons from the past

As a new programme of garden cities and new towns looks increasingly likely, it is surely the case that there is much to be learn from the post-war new towns programme – the most ambitious large-scale project of its type in the UK. Between 1946 and 1970, 32new towns were delivered across the UK. Brought forward by development corporations, which had a wide range of borrowing, planning and strategic powers, the towns provided homes and jobs, while aiming to create socially balanced communities. Key to the successful delivery of these new towns was the powers the development corporations possessed, similar to those that the Ebbsfleet Development Corporation has for the delivery of Ebbsfleet Garden City.

The New Towns Taskforce is in good hands with Sir Michael Lyons, who chaired the 2014 Lyons Housing Review, at the helm. It will be interesting to see how the plans develop – what use can be made of the existing legislation and what lessons can be drawn from the building of the previous new towns – to deliver much-needed housing. Much like the Olympic villages of London and Paris, the earliest new towns were delivered quickly – Stevenage in 1946 and Harlow by 1947. Let’s hope we can take some lessons from the Olympics.

Published in EG on 10 September 2024, you can also access the article here.

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Victoria Du Croz and Amy France share how housing need is an age-old issue with Property Week

Modern apartment buildings stand in a row, featuring large windows and balconies. The setting includes landscaped paths, benches, and greenery under a partly cloudy sky.

The government must factor older people’s accommodation needs into its plans to boost housing supply.

It has been refreshing to see planning policy at the forefront of the new Labour government’s initial announcements. Many in the industry have welcomed the approach being taken by the government and we certainly need ambitious growth plans for housing delivery if we are to redress the under delivery of the past decade. However, we also need a nuanced approach to ensure a range of housing is delivered to meet the needs of all members of society, and the delivery of specialist housing for older people in particular needs to be addressed.

A recent JLL report indicates that there will be a shortage of up to 46,000 later-living homes in the next five years. The challenges facing the sector include competition from mainstream housebuilders for sites; the impact of inflation on build costs and viability; and the planning system, which continues to stymie development.

A review of appeal decisions for later-living development indicates that establishing the ‘need’ for these facilities takes up a huge amount of time at the planning committee stage and subsequently at appeal. The difficulties are in part due to the range of care models available, which often leads to planning applications for developments where the residents will have specific care requirements.

However, need assessments carried out by local authorities often use data from the Care Quality Commission based on the number of registered beds available (ie, the maximum number permitted, which may be more than the actual number provided) and apply that to their duty of care to provide support to all those over the age of 65.

The data available is often not directly applicable to the proposed development, so assumptions and extrapolations need to be made. Further clarity is urgently needed to help local planning authorities formulate local plan policies that meet the needs of the communities in their administrative area.

The National Planning Policy Framework (NPPF) requires local planning authorities to plan for housing to meet the needs of older people, with the 2023 NPPF changes expanding that definition to reference “retirement housing, housing with care and care homes”. However, this does not encompass the wide range of available models, such as integrated retirement communities, sheltered housing, extra care/assisted living and older persons shared ownership.

Simplistic use classes

The current Use Classes Order is too simplistic, with residential accommodation either failing within class C3 (dwelling houses) or class C2 (residential institutions). Many later-living developments will look to cater for residents with a range of care needs and with the flexibility to meet their changing needs in the future. The ability to provide for a range of care options within a facility without needing planning permissions or without rendering the whole facility sui generis would be welcomed.

The later-living sector continues to wait with bated breath for the findings of the Older People’s Housing Taskforce, which was set up to look at options for the provision of greater choice, quality and security of housing for older people. The taskforce’s objectives were to examine how to increase supply and improve housing options for people in later life, as well as to explore how to overcome obstacles to this goal. The taskforce submitted its report to the previous government on 22 May 2024. However, the general election was called before any action could be taken.

It is hoped that the new Labour government will pick up the taskforce’s report swiftly and look to implement its recommendations as a priority. Those in the sector will be looking out for proposed changes that will bring more clarity to the planning system, so that specialist schemes for older people’s housing are not inadvertently being disadvantaged at the planning stage for the reasons set out above.

Given that Labour has made it clear it aims to build 1.5 million new homes within the first five years of taking office, it would also be welcomed if the government could set out an ambitious target for the proportion of this housing that will be set aside for the specialist later-living accommodation.

There is much to be optimistic out of government in these early days of the new parliament. We can only hope that these announcements result in concrete proposals and policies that can effect change sooner rather than later, particularly for the later-living sector.

This article was released In Property Week on 01 August 2024 and can also be read behind the paywall here.

Helen Streeton featured in PERE’s ‘on the minds of the experts’

A row of modern townhouses features large glass doors and brick façades. The buildings have balconies above the ground floor, and the symmetrical design is set in a suburban environment.

The residential sector remains attractive, with strong supply and demand dynamics across markets, but it is not without its challenges. PERE looks to the experts to answer questions on the residential sector and Helen Streeton, Partner and head of our BTR sector, shares her thoughts as one of the industry leaders.

Question: What is the current appetite for residential property investing and how has that changed in recent years?

Helen shares “Investments into BTR continues despite economic headwinds as demand outstrips supply. In 2023, the BTR market saw £4.5 billion invested. Housebuilders continue to face challenging conditions, meaning that investment is greatly needed to tackle the UK’s housing shortage.”

Read the full Q&A on PERE’s website here.

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Amy France speaks to CoStar on how investors are finally waking up to the potential of care homes

Modern apartment buildings stand in a row, featuring large windows and balconies. The setting includes landscaped paths, benches, and greenery under a partly cloudy sky.

Published as one of CoStar’s expert opinions, Amy France discussed the big supply-demand imbalance the private sector can plug and how investors are finally seeing the potential in care homes.

The gaping supply-demand imbalance for care homes has now reached acute levels, yet delivery has been slow and investors have been reticent in making serious moves into the asset class. However, numerous factors and a succession of significant deals indicate that in the first quarter 2024, sector activity is picking up and looks set for a period of sustained growth.

According to the Office for National Statistics, the proportion of the population over 85 years old in the UK is forecast to more than double over the next three decades, from 2.5% in 2021 to 5.2% in 2051. Research from Knight Frank has found that by 2035 there will be a shortfall of 58,000 beds across the later living sector and that by 2050 an additional 350,000 older people will potentially need a care bed, which indicates an even greater acceleration in the demand for more beds.

Read the full article published on 29 May 2024 on CoStar’s website here.

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Louise Marin-Bataller shares her thoughts on ‘Plugging the affordability gap’ with Property Week

A modern apartment building stands tall, featuring balconies and large windows, under a bright blue sky with scattered clouds. Sunlight shines on the structure, highlighting its contemporary design.

In Property Week’s article titled ‘Plugging the affordability gap’, Louise Marin-Bataller from our Commercial Real Estate team shares her thoughts on social rented homes.

Louise Marin-Bataller, senior associate and property specialist at law firm Forsters, calls for an increased focus on provision of homes for tenants. “If the provision of social rented accommodation was increased significantly, this would take many more people away from the complicated elements of the affordable sector,” she says.

“Providing sufficient volumes of accommodation with a rent of 50% market value is going to require significant funding from central and local government. But with the Affordable Homes Programme allocating £11.5bn of funding from 2021 to 2026, and prioritising social rent, this should help registered providers increase supply.”

Read the full article, and hear the thoughts of other industry experts, on Property Week’s website here.

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Helen Streeton features in BTR News’ Legal Perspective: five minutes with Forsters Head of Build to Rent

A modern block of flats rises upward, featuring glass balconies and mixed cladding. It is set against a bright, blue sky with scattered clouds and nearby leafy branches.

Helen Streeton, Head of Build to Rent at Forsters, recently sat down with BTR News to discuss her role at Forsters, the challenges facing the industry and the future of the sector.

In the interview, Helen discusses her 30 year career in real estate and the different challenges and opportunities she has come across over this time. From the affordability of UK housing, the sense of community that Build to Rent can bring, and the Renters Reform Bill, Helen shares her thoughts on key considerations in the market – you can also find out a few fun, non-property related facts about her too!

To read the interview in full, please visit BTR News, here.

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Is the UK housing market facing the prospect of rent controls? Louise Marin-Bataller shares her thoughts with IPE Real Assets

Modern apartment buildings stand in a row, featuring large windows and balconies. The setting includes landscaped paths, benches, and greenery under a partly cloudy sky.

Louise Marin-Bataller, Senior Associate within our Commercial Real Estate team, has shared her industry reactions to The Renters Reform Bill with IPE Real Assets in a feature named ‘Is the UK housing market facing the prospect of rent controls?’

Louise questions “how long could a reform of the court system take? Will it ever happen and will section 21 ever go?” It seems unlikely during the current government’s lifetime.

There are many other aspects to the Reform Bill, however, which might still have implications if not further amended. Worries around the private student housing market appear to have abated, which is lucky as some of the original proposal regarding changes to notice were quite simply “a minefield” in Marin-Bataller’s opinion.

She remains worried about proposals to stop landlords accepting more than one month’s rent in advance. This could cause problems for foreign renters or those with bad credit histories, who “would normally get around the credit referencing issue by paying six to 12 months’ rent in advance,” Marin-Bataller says. “What will happen to this group of people, particularly when some have suggested that guarantors should also no longer be allowed?”

Tenants could clearly benefit from landlords being unable to service notice to terminate a lease until six months into the lease term. But unless proposed amendments are accepted, “landlords could be faced with notices served on day one by tenants resulting in short-term lets of two months”. Marin-Bataller wonders: “Will this ultimately lead to landlords leaving the PRS?”

Real the full article, alongside comments from other industry leaders from the BPF, Get Living and Nido, on IPE Real Assets’ website here.

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Helen Streeton quoted in Inside Housing on the landmark ruling demanding building owners pay for cladding fixes

Modern apartment buildings stand in a row, featuring large windows and balconies. The setting includes landscaped paths, benches, and greenery under a partly cloudy sky.

Partner and Head of BTR, Helen Streeton, has been quoted in the Inside Housing article entitled “What the landmark Get Living ruling means for housing associations and leaseholders”.

Late in January, a first-tier tribunal ordered the owners of London’s Olympic village to pay £18m to fix fire safety issues on five blocks of flats. The judgement was the first use of new remediation contribution order (RCO) powers under the Building Safety Act 2022. It was hailed as a victory by the leaseholders, who have been unable to sell their flats since defects were uncovered, and Triathlon Homes, the housing association that brought the action.

The first-tier tribunal has ruled that Stratford Village Development Partnership (SVDP), the developer of East Village, and Get Living, its parent company, must pay £18m towards making five of the 66 blocks safe.

Helen Streeton, Head of Build-to-Rent at law firm Fosters, says the decision bumps up against other government legislation to cover remediation work. Under the ruling, the owners must now reimburse the government’s Building Safety Fund (BSF), which is paying £24.5m of taxpayers’ money to cover both Get Living and Triathlon’s share of the works.

On the RCO, she says, “its interface with the BSF is a bit odd. They’re not particularly aligned”. The Building Safety Fund allows people with responsibility for remediating the defective cladding to apply for taxpayers’ money, but “overlayed on that”, the Building Safety Act says “we can require you to contribute”.

“Although I understand the concept of somebody apart from the taxpayer being responsible for funding the works, I think it’s a massive decision for developers and building owners,” she says, as it “provides uncertainty” over whether they or their shareholders will have to pay back into the fund.

Helen adds that further thought will now be required around due diligence and the decision may deter investment into the residential HRB sector.

The full article, published on 27 February 2024, can be read here behind a paywall.

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Can the Government’s new Office-to-Residential rules solve the UK housing crisis?

A row of modern townhouses features large glass doors and brick façades. The buildings have balconies above the ground floor, and the symmetrical design is set in a suburban environment.

Andrew McEwan, Senior Associate in the Commercial Real Estate team, recently wrote an article for CoStar on the new legislation around permitted development rights and how it can assist the UK housing crisis.

Housing Secretary Michael Gove recently announced legislation to relax the rules around permitted development rights. New flexibilities came into force on 5 March and have been introduced to support office-to-residential conversions, a trend that has been gathering pace over the past few years.

The government has made the changes with the intention of creating a more favourable planning context to address the fact that a large proportion of office buildings are becoming obsolete (due to the twin effect of more home-working and tightening sustainability requirements) while we remain in the grips of a worsening housing shortage.

Office-to-residential conversions have, however, produced inconsistent results to date, and the latest changes are likely to be met with opposition from local authorities who continue to face a lack of funding which would help alleviate some of the delays experienced with the ‘traditional’ planning regime.

You can read the original article, published on 29 February 2024, behind the paywall here.

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Tax Efficiency and Care Homes: A Guide to Capital Allowances

Modern apartment buildings stand in a row, featuring large windows and balconies. The setting includes landscaped paths, benches, and greenery under a partly cloudy sky.

The centre piece of the Autumn Statement was on full expensing policy. Initially introduced on a temporary basis in the Spring Budget of 2023, the policy was made permanent in the Autumn Statement.

Full Expensing allows companies subject to UK corporation tax to secure a 100% allowance when purchasing qualifying plant and machinery which is new and unused. It is a tax saving measure for many companies because the entire expenditure on the plant and machinery can be fully deducted from the company’s corporation tax bill. Notably, there is no upper limit on the cost of the eligible plant or machinery – so the more a company invests in equipment, the more it can deduct from its corporation tax liability.

For items which do not qualify for a 100% allowance, a 50% first-year allowance is available for expenditure on new special rate (including long life) assets, some of which are listed below.

However, businesses should beware that the Treasury will recoup the saving if the company disposes of the asset. For instance, if a company purchases a new item of machinery and deducts 100% of the cost from its corporation tax bill, and subsequently sells the asset for £20,000, it is obliged to incorporate £20,000 back into its taxable profits.

In our experience, full expensing, and other available capital allowance claims for care homes are frequently underestimated. This leads to businesses missing out on significant tax savings.

In this piece we consider how full expensing, and 50% first year capital allowance, can be used in the care home setting and the types of qualifying plant and machinery which could be eligible under the scheme.

Unfortunately, there is no list of what counts as qualifying plant and machinery and therefore it can be a time consuming exercise to identify which expenditure is eligible under the capital allowances regime. We know that many specialist items can be qualifying items but there are also ordinary items of expenditures which are not unique to care homes but are often overlooked, including:

  • Fixtures such as bathroom suites or kitchens;
  • Lifts;
  • Water and heating systems;
  • Hot and cold water systems;
  • Air conditioning units;
  • Lighting systems;
  • Electrical systems; and
  • Fire alarm and CCTV systems.

Within a care home settings there is specialist health and care equipment which also qualify, including:

  • Patient lifts and hoists;
  • Rehabilitation equipment;
  • Specialised beds and mattresses;
  • Safety equipment;
  • Medical gas systems; and
  • Alterations within buildings to install equipment.

These examples represent a range of specialist equipment that plays a crucial role in the care and well-being of residents in a care home setting.

There are several benefits to making sure your business makes a valid claim under the full expensing scheme or indeed other types of capital allowance scheme. Firstly there is an immediate ability to deduct your expenditure on the qualifying item from your corporation tax bill, contributing to overall tax efficiency. Additionally, ensuring that you properly account for your expenditure in your accounts is an important part of having a compliant tax return which stands up to scrutiny by the tax authorities.

Forsters’ Student Accommodation Team Acts for Q Investment Partners on Woolwich Development

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Acting on behalf of Singapore-based private equity firm Q Investment Partners, we are delighted that our Student Accommodation team has facilitated a joint venture with Hurlington Capital to develop an £80 million student accommodation site in Woolwich.

The work involved input from across the firm with the team made up of Partners and Associates from Commercial Real Estate, Construction, Banking and Finance, Planning and Corporate.

This is the first joint venture between QIP and specialist investor and developer Hurlington Capital and is both investors first asset in the London PSBA market.

Work on the site is due to start in Q1 2024, with completion anticipated in time for the 2026/27 academic year.

Commercial Real Estate Partner and Head of Forsters’ Student Accommodation Group, Ronan Ledwidge, said: “We are delighted to have acted for long-standing client QIP on this transaction, which is another great example of two parties working in collaboration towards helping to plug the supply shortfall in the sector”.

Peter Young, CEO and co-founder of QIP commented: “The UK’s PBSA market remains remarkably resilient and a compelling opportunity for investors who know the sector in detail.”

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Next steps to supporting later living’s golden age – Amy France writes for EG

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Commercial Real Estate Partner and Head of Later Living, Amy France, has written for EG on the growth of the later living sector and how, despite this, there are several issues in need of government and industry attention in order to maintain the momentum. 

Having attended the annual ARCO later living conference, France writes of how the panellists, one of whom was Housing Minister, Rachel Maclean, “set out the key issues that will shape the sector in the year ahead, including upcoming recommendations from the Older People’s Housing Taskforce.” 

Lifting the fog

Despite the recommendations of the Older People’s Housing Taskforce not due until May 2024, chair Julienne Meyer provided some early insight with France pleased to hear that planning reforms will be a priority, in addition to measures that will boost the appeal of later living options to consumers. 

France writes how the Taskforce must also look to clarify the use of event and deferred management fees, “which are the payments made upon certain events, such as the sale of a unit.” Providing this clarity will undoubtedly help increase consumer confidence in the sector. 

France believes that the Taskforce should build on the Law Commission’s 2017 recommendations in respect of event fees, which were confirmed for implementation at the time but have still not yet reached the statute books. “Event/deferred management fees should not be eliminated but restructured. If applied ethically, innovative charging models can deliver advantages to developers, operators and consumers alike, not least in boosting the viability and pace of new developments.

From a consumer perspective, the sector needs to look at affordability and offering different tenure models and a range of price points. This is particularly evident in the case of integrated retirement communities, where consumers have the choice to either rent or buy a unit in a development, and balance event fees against other types of payment options during their period of ownership. ARCO emphasised the need to educate potential occupants about the options available to them, which should also serve to increase consumer trust in the later living sector.”

OK, boomers

France believes that the sector should adopted ARCO’s proposed “leasehold plus” model, which aims to make leasehold ownership of later living units more flexible for occupiers, as well as boost consumer interest in such schemes by offering more protections. 

France supports the advocacy for a new, bespoke use class for later living and the removal of CIL charges to make them more viable. 

She concludes by writing: “The great news is that growth is not just reliant on interventions. As pointed out by Bobby Duffy, professor of public policy at King’s College London, baby boomers, with their relatively high levels of wealth, are only just coming to the age when they are more likely to move into later living residences. Their arrival into this age bracket will create the demand needed to significantly boost supply for the next 15-20 years, signalling that a “golden age” for the later living sector is on the horizon.”

This article was originally published by EG on 6 September 2023 and can be read here in full.

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Could census data be better used to determine housing supply? – Matthew Evans and Helen Streeton write for CoStar

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Commercial Real Estate Partner and Head of Forsters’ Build to Rent group, Helen Streeton, and Planning Counsel, Matthew Evans, have written for CoStar on how the data is there to get new homes built, and why it is not currently being mined.

The pair write how the local plan-making process to deliver new homes was further complicated by Michael Gove’s announcement earlier in the year that the government is scrapping housebuilding targets.

Even before this decision, the delay in implementing planning reforms had been causing severe challenges to the delivery of these new homes.

Evans and Streeton explain that “although local authorities still need to update (or in some circumstances, create) local plans, many are still adopting a wait-and-see-approach while they wait for further clarity on legislative reform within the Levelling-up and Regeneration Bill and the government’s response to its recent consultation on the National Planning policy Framework.”

Resultantly, housing needs continue to go unmet and rental levels continue to rise. This is particularly pertinent for the rental market, with average prices nationwide rising 4.8% in the 12 months to April 2023, “the highest increase since the national data series began in 2016.”

Despite widespread focus on community opposition to new homes, and a strong anti-development rhetoric in mainstream media, Evans and Streeton say that the reality is very different.

There is a genuine appreciation for the need for new homes, but the underlying concern is around the demands an increased population would place on local infrastructure.

“Would top-down housing numbers solve the problem? Potentially, if they leaned on data that gives a true representation of housing need. Utilising census data could be a more effective way of identifying the tenure and size of homes needed, and in what locations.”

The pair add that even though the Build to Rent sector is projected to grow rapidly over the next decade or so, moving from 1.5% to 8% of the total rental market by 2032, there continues to be a lack of knowledge and expertise around its role in meeting housing need.

It is a similar case for the later living sector. There is an urgent need for sector growth but insufficient amounts of suitable housing. The pair suggest that creating a separate use class could be helpful in expediting planning applications, thus alleviating the strain on the sector.

Evans and Streeton conclude that: “The answer to meet housing need is not to scrap housing targets. It is to be smarter about how housing numbers are calculated and tap into the incredible wealth of data that already exists on our current and future population, in order to provide the right homes in the right places.”

This article was originally published by CoStar on 22 August 2023 and can be read here in full (behind their paywall).

#FORStudentAccommodation

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Student accommodation has proven to be a resilient sector in recent years even as other investment markets have struggled.

Despite the challenges arising from varying factors such as the difficulty in obtaining planning consent for suitable sites and economic factors such as interest rate rises and construction cost inflation, it is a sector that still attracts a great deal interest from both the domestic and international investment communities. This is largely driven by a surge in demand that continues to out-strip supply (and seemingly will for the foreseeable future).

In our #FORStudentAccommodation mini-series, we will explore and share with you some of the legal and topical issues we are encountering. In particular, you will hear from us on:

  • Building Safety
  • Planning
  • Residential Considerations
  • Development Funding
  • Corporate Considerations
  • Deb Financing
  • Tax

For further information on any of the topics covered, please contact our Head of Student Accommodation Ronan Ledwidge.


#FORStudentAccommodation Mini-series – HMO licenses, Student Accommodation and the Hidden Conditions we need to know about


Next up in our series looking at key issues in the Student Accommodation sector, Anthony Goodmaker looks at HMO licenses and the hidden conditions we need to know about.

#FORStudentAccommodation


#FORStudentAccommodation Mini-series – Rent Control


Our latest briefing note discusses rent control and how this might impact the student housing sector.

#FORStudentAccommodation


#FORStudentAccommodation Mini-series – VAT Considerations in the Student Accommodation Sector


The next consideration we look at in relation to the PBSA market is VAT. An important thing to get right to prevent irrecoverable VAT being incurred.

#FORStudentAccommodation


#FORStudentAccommodation Mini-series – Renters (Reform) Bill and its Impact


Next up in the series, we look at The Renters (Reform) Bill and what these proposed changes could mean for Purpose Built Student Accommodation

#FORStudentAccommodation


#FORStudentAccommodation Mini-series – Planning Considerations for Student Accommodation


In our next instalment, we turn our attention to planning and the specific planning policies often adopted when dealing with the PBSA asset class.

#FORStudentAccommodation


#FORStudentAccommodation Mini-series – PBSA and the Building Safety Act


In the second of our #FORStudentAccommodation mini-series, we look at PBSA and the significant impact The Building Safety Act 2022 will have on all stakeholders in the design, construction and operations of purpose built student accommodation.

#FORStudentAccommodation


#FORStudentAccommodation Mini-series – Student Accommodation


In the first of our #FORStudentAccommodation mini-series we provide a sector overview, an insight into some of our recent work and outline the topical issues that we’ll be covering in the following weeks.

#FORStudentAccommodation

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Forsters act on development of Newcastle student accommodation scheme

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Our Commercial Real Estate and Construction teams are delighted to have acted for HG Living on the forward funding of a new 350-bed student accommodation scheme by Q Investment Partners (QIP).

Situated at St James’ Boulevard, Newcastle-upon-Tyne, this new development will provide both studios and cluster flats, as well as a range of amenities such as a gym, an outdoor courtyard, study rooms and a cinema room.

Newcastle boasts a student community of more than 50,000 and continues to be a popular destination for new students. This new development, located in a vibrant urban district and found between four different university buildings, will play an important role in catering to the increasing demand for student accommodation from both domestic and international markets.

Commercial Real Estate Partner and Head of Forsters’ Student Accommodation Group, Ronan Ledwidge, said: “The paradox of strong fundamentals and viability challenges is a much discussed topic amongst those involved in the PBSA sector and this transaction is a great example of two parties working together to make it happen.”

HG Living Director Craig McPhail said: “This is an exciting opportunity to develop a best-in-class facility for the ever-growing student population in Newcastle. Not only is it one of the UK’s top university towns, Newcastle is also one of the most vibrant and inclusive cities for students to live in, offering a wide range of restaurants, bars, shops and facilities to enjoy. The sale is further evidence of the investment market returning and of the attractive investment and operational fundamentals offered by both the PBSA sector and by Newcastle as a city.”

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BPF debate: “Should BTR be allocated its own Use Class?”

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On 12 July 2023, Commercial Real Estate Partner and Head of Forsters’ Build to Rent group, Helen Streeton, attended the BPF Build To Rent Committee Debate at CBRE’s Henrietta House.

The discussion focused on the question: “Should BTR be allocated its own Use Class?” Below are Helen’s key takeaways:

A key issue faced by BtR developers’ centres on viability, of which quantum of affordable housing to be provided is a major factor. There are cogent arguments for a lower delivery percentage in the BtR sector, when combined with other tenures which provide a discount to market product.

Traditionally, councils built housing and were funded partly by Government subsidy. For example, in the 1950s and 1960s, the increased development of high-rise blocks was linked to higher subsidy for those types of developments, which seemed the ideal solution to the housing problem in the post-war period. Right to Buy was introduced under The Housing Act 1980 and local authorities were then forced to sell stock. Nationally, over one million houses were sold within a 10-year period and many of these have not been replaced with new stock.

The idea of a Use Class separate from the general C3 Use Class was mooted some years ago in the NPPF. Following the Montagu Report in 2012, the BtR Sector has grown at pace both in terms of urban and suburban locations, however there remains a chronic shortfall in rental housing and the number of starts has slowed. In the planning system, we are only now getting a uniform approach to viability assessments in London and some other major cities, but not really elsewhere in the country. That leaves a lot of variation in the viability assessments submitted in support of application.

In addition, a lot of local authorities don’t have the skillset to properly review assessments, which can sometimes lead to a less than optimum level of affordable housing. Politicians at the local, regional, and national level tend to focus on the quantum of affordable housing provided and not how affordable the product is. Social rented housing “costs” the developer more than intermediate housing, so the developer will provide less in overall unit numbers.

Splitting the C3 Use Class in return for a lower percentage, or quantum, of affordable housing sounds attractive. However, it would likely result in perpetuity BtR units, which makes investors nervous regarding exit strategy. The current model can provide flexibility in terms of being able to provide for an either/or scheme through section 106 obligations, applying a different viability regime for BTR schemes. A reduced quantum of affordable housing for BtR schemes is workable, but only if accompanied by clawback provisions, which means if one then decides to sell on the open market within the stated period, one needs to pay back additional sums for affordable housing.

Beyond the planning system itself, from a market perspective, rental demand continues to outstrip supply. Demand continues to rise due to difficulties faced by, in particularly the younger generation, accessing mortgage products to buy homes.

The supply pipeline, although remaining strong, has been hampered by a combination of Covid-19 issues, higher cost of money and higher construction costs driven by inflationary pressure, and political uncertainty in the economy following Brexit. New legislation – the Building Safety Act (in particular, the London requirement for second staircases in tall buildings), the Infrastructure Levy, alongside potential rent control legislation and the Renters Reform Bill (which axes the Section 21 Notice Procedure), all impact on the decisions of developers and investors alike, to stay in the BtR sector.

The supply side issues outlined above can really only be addressed through lowering overall cost of delivery. This could be done by a lower affordable housing requirement, but there are other ways of incentivising on the supply side. If the government is serious about housing delivery it will look to address this and ease the burden on developers and investors grappling with the current planning regime, as well as the other changes outlined above.

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The challenge faced by the Older People’s Housing Taskforce – Amy France writes for Property Week

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Commercial Real Estate Partner and Head of Later Living, Amy France, has written for Property Week on how the Older People’s Housing Taskforce will fare in tackling one of the UK’s biggest challenges: How can suitable housing options be provided for later life?

France notes that “Housing has always been intrinsically linked to life chances, and this is no different in later life. Housing that provides the right kind of support and adequate care, if required, can help people live well for longer.”

France writes how a lack of suitable later living options has had a significant impact on the NHS, resulting in a bottleneck whereby patients who no longer need treatment cannot be discharged as they don’t have a home which is suitable to be discharged to. As a result, in January 2023 “more than 19 in 20 beds were occupied across adult general and acute hospital wards, and more than 14,000 of these beds were taken up by patients who no longer required hospital care.”

With the Taskforce’s recommendations due in 12 months, the key message will be around the delivery of new homes, with France asking: “How else will the taskforce meet one of its central aims – providing older people with access to the right homes in the right places?”

This will be a significant challenge when viewed against the government’s scrapping of mandatory housing targets and the prediction of net additional homes each year dropping to 140,000. France writes that local authorities must commit to ensuring a certain proportion of these homes are suitable for older people.

The government has also proposed an increase in planning fees, which has industry support provided that it does actually result in a swifter approval of planning applications. “At the current pace, though, applications and the homes they propose to deliver will take months to materialise, while our population continues to age and our NHS and care system continue to buckle under the pressure.”

France concludes by writing: “Older people don’t want to have to move miles away from their existing home so that they can access retirement communities or sheltered housing. In later life, people want to have the option of moving to a more suitable type of accommodation close to their existing home – the only way that we can ensure this is possible is to support the development of later-living schemes all over the country, and in all different sorts of settings.

“The taskforce needs to take a truly holistic view of the solutions, and cross-department working will be essential in delivering these solutions. Let’s hope that this once-in-a-generation opportunity for meaningful and significant change in delivering housing for older people is seized and much positive change emerges from it.”

This article was originally published by Property Week on 6 July 2023 and can be read here in full (behind their paywall).

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Care Home in the green belt approved

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The battle over development in the greenbelt continues to rage with the Prime Minister restating the Tory party pledge to protect the greenbelt following Kier Starmer’s comment that it should be built on “where appropriate”.

On the ground (pun intended), appeals against local authority refusals to grant planning permission for development in the greenbelt are being allowed. Last week saw planning permission granted on appeal for the redevelopment of a site in the green belt comprising the demolition of a non-designated heritage asset and the erection of a new care home (Class C2) including a dementia centre.

It was accepted that the proposal was inappropriate development in the green belt. However, the Inspector found that the benefits of the scheme (primarily the need for such a facility) clearly outweighed the definitional green belt harm, the negligible harm arising from the loss of openness and the harm arising from the total loss of a non-designated heritage asset. Accordingly very special circumstances existed and the appeal was allowed.

At appeals for Use Class C3 housing development in the greenbelt a lot of time is often spent arguing over the extent of unmet housing need in the local authority’s area. Establishing the extent of unmet need for care home beds is often even harder and clearly a lot of inquiry time was taken up at this appeal trying to establish if the extent of the unmet need was “significant”. The difficulties are in part due to the range of care models available which often lead to planning applications for developments where the residents will have specific care requirements eg dementia care, care for those aged 80+ . However, need assessments carried out by local authorities often use data from the Care Quality Commission based on the number of registered beds available (ie the maximum number permitted, but which may be more than the actual number provided) and apply that to their duty of care to provide support to all those over the age of 65. The data available is often not directly applicable to the proposed development so assumptions and extrapolations need to be made. As the inspector noted, “the complexity of the data, together with differing methods for projecting future need, using different assumptions and definitions, makes deriving reliable figures over an extended period inherently problematic”.

Given the local and national politics surrounding development in the green belt, many care home developers with green belt sites will be anticipating a refusal of any planning application at the local level and will factor in an appeal into the development programme. However, as this appeal demonstrates, a lot of time will be required to present a clear, justified need argument and inquiry times are likely to be lengthier to allow for such arguments and the related evidence bases to be properly analysed. Many in the industry were frustrated that the Government’s proposed changes to the NPPF did not go far enough in requiring local authorities to allocate sites for retirement living/care homes which would remove some of these lengthy arguments around need.

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The year of the great care home revival – Amy France writes for CoStar

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Commercial Real Estate Partner and Head of Later Living, Amy France, has written for CoStar on how 2023 is seeing a return to full health for the care home sector, following a period of dramatic drop-off in terms of occupancy rates during the pandemic.

France explains that there are several positive factors that have seen the sector return to pre-pandemic occupancy levels (84.3%, Knight Frank 2022). The first reason is that of the significant growth in our ageing population, with the number of over-65s set to reach 17 million by 2040. “The research suggests that the number of older people’s housing units constructed per year to meet this demand will need to rise from 7,000 to 50,000.”

Beyond the need for more units, there is also a need for better quality units; near to 80,000 have been removed from the sector over the last decade due to them being below standard. “Although some of these have been replaced, overall the number of care home beds in the UK are 5,000 less than five years ago.”

“This growing lack of suitable housing for our ageing population represents an opportunity for investors to improve the lives of older generations, generate both social and financial value, and in turn satisfy the social element of ESG metrics. For example, our client Octopus Real Estate recently became a signatory of the Operating Principles for Impact Management, a global standard for managing investments for impact.”

Long-term resilience is also evident within the sector, with an increased demographic demand and fee rises despite a cost-of-living crisis due to the fact that “the older generation [are] generally wealthier, with more money to spend on better quality care homes.”

France highlights how care homes have consistently produced higher returns than other sectors and so asks: “what are we going to see in terms of delivery as the year unfolds?” She describes seeing a sector that “is emboldened by the significance of government and regulatory support in both the short and the long-term.”

France predicts that the incoming announcement of the Older People’s Housing Taskforce and the proposed updates to the National Planning Policy Framework (coupled with market fundamentals) “should see institutional money continue to flood into the sector.” Further to this, she adds, care home investment has also become popular with foreign investors, particularly when they are fully managed and deliver regular income.

“This is a great opportunity for the real estate sector to improve the lives of older people, achieve stable returns and deliver this much-needed aspect of our community infrastructure.”

This article was originally published by CoStar on 23 May 2023 and can be read here in full (behind their paywall).

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Forsters’ Student Accommodation Team Advises Far East Orchard on Southampton Purchase

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Acting for Singapore-based property firm Far East Orchard, we are delighted to announce that our Student Accommodation team has completed on the purchase of the Emily Davies Halls of Residence, a purpose-built student accommodation development in Southampton, for £13.9 million.

This transaction involved input from across the firm with the team made up of Partners and Associates from Commercial Real Estate, Construction, Planning, Residential, Corporate, Employment and Tax.

The purpose built student accommodation sector continues to show its resilience in the face of current market uncertainty, with such assets proving ever popular with overseas investors.

To find out more about the work we do in this sector, click here.

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Student Housing Conference – 5 Key Takeaways

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On Tuesday 9 May, LD Events organised an in-depth review of the current student housing market with panel discussions from a wide range of industry experts.

Here are my five takeaway points from the Conference:

Demand versus Viability

The student housing sector is seeing unprecedented demand, largely driven by a 23% increase in international students and a 33% increase in postgraduate students since the 2019/2020 academic year. During that 2 year period there has been an increase in demand of 59,190 beds in London but only an extra 1,511 PBSA units have been built.

So what’s stopping us from building more? Money!

Despite a healthy growth in rents within the sector, they can’t keep up with rising costs from construction (including as a result of the Building Safety Act), the unwieldy planning system and operator costs (including a 30-50% increase in the cost of utilities and staff pay rises of 10% to keep up with inflation). It costs an average of £80/90k to build 1 unit of PBSA, which would likely need to command an annual rent of £7.5k to meet viability requirements – for comparison, the average student loan outside of London is £5.5k, creating an obvious strain on profitability.

This also raises issues beyond the real estate sector. On the back of a failing student loan system, we risk creating a two-tier market where certain universities are only accessible to students from the wealthiest backgrounds. This issue is not confined to London either; Durham saw a 14.9% rent rise but demand was seemingly unaffected. It is thought this is partly due to the fact that 38% of students at Durham are from independent schools, whose families are more likely to be able to assist with the increased rents.

Viability is the biggest challenge facing this industry and, despite innovation from the private sector, universities and the Government are going to have to address this issue if they want to keep attracting the best students – and not just the wealthiest ones.

Out with the new, in with the old?

As the industry strives to bridge the gap between available units and ever-increasing demand, one solution is to repurpose existing buildings rather than build from scratch – in particular, the number of vacant department stores and office buildings were identified as a potential growth area.

For many schemes, this could reduce costs given that planning can be easier to obtain when redeveloping existing buildings however, retrofitting isn’t always cheaper. Given the focus on net zero targets, heavy capex can be required to improve the sustainability credentials of existing building stock. This risks creating a two-tier market (as is being increasingly being seen in the office sector) where only the top investors can hold ‘green’ stock.

Location, Location, Location

Location is always important, but in a sector where the occupiers have such specific (and usually predictable) requirements, location really is everything! Student satisfaction is known to be lower if they are not happy with the location – after all a lot of students aren’t just going to University for the academics. From my personal experience, some universities in London couldn’t guarantee me a room in student accommodation as my family home in Essex was deemed commutable and consequently, I did not apply to those universities.

As well as building the right types of PBSA in the right towns and cities, the micro-location also counts – this means consulting people with local knowledge to ensure that accommodation is being built in the best locations within towns/cities for the intended end-users.

What else is important to students?

Other than the price and location, what else matters to gen Z/ Alpha students?

Unsurprisingly, high speed internet is number 1 on the shopping list, followed by smart tech and security. Research has found that students don’t want to pay for social spaces, which is good news for developers as they can maximise (and more importantly rentalise) all available space within a scheme. That said, there are certain things that students expect to be included as standard (at no extra cost), such as well-being support and strong ESG credentials.

Ultimately, it is important for universities and investors that developers build schemes that will be popular and therefore successful. Consistent with my own experience when applying to University, 50% of students responding to the UCAS Student Accommodation survey 2022/2023 said that the availability of accommodation had influenced their decision on where to study.

Operators coming to the fore

Operators are now front and centre of the accommodation offering especially following Covid and in light of the cost of living crisis. This is leading to an increase in brand recognition and a desire to live in branded accommodation. 60% of students living in PBSA indicated that brand was a factor in choosing their accommodation. It is therefore more important than ever that owners appoint the right operator for their scheme.

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Forsters acts on forward sale of BTR homes at Gallions Quarter in London’s Royal Docks

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We are thrilled to announce that members of our Commercial Real Estate team led by Partner Sara Branch acted for a JV between Telford Homes and Notting Hill Genesis to secure a £66m forward sale to London BTR Investments Limited (a joint venture between EQT Exeter and Sigma Capital Group) of a Block of 132 homes for market rent on the final phase of the JV’s development at Gallions Quarter in Royal Albert Wharf.

The sale relates to the Build to Rent element of the Gallions Quarter site at Royal Albert Wharf, in the Royal Docks, with units planned to be ready for occupancy in Q1 2024. In addition 135 homes, 51% of the overall scheme, are being delivered as a combination of affordable rent and shared ownership and will be owned and managed by Notting Hill Genesis. Forsters has also advised on the delivery and acquisition of the affordable homes.

Max Sugden, Transactions Director at Telford Homes, said: “Delighted to exchange on the forward sale of the BTR element within Gallions Quarter Phase 2B to London BTR Investments, a JV between EQT Exeter and Sigma Capital Group. A pleasure working alongside our JV partner Notting Hill Genesis (Jake Brodetsky Julian Rodriguez), our lawyers Forsters LLP (Sara Branch) and JLL (Simon Scott George Jones Max Wilkinson) as our selling agents.”

John Hughes, group director of development and deputy chief executive of Notting Hill Genesis, said: “Royal Albert Wharf is a triumph of partnership working and we are delighted to welcome Sigma and EQT Exeter to the future success of Royal Albert Wharf.”

Commercial Real Estate Partner, Sara Branch says: “It was fantastic to work with the JV on the sale of the BTR Block, securing the units on the final phase of the development. It was great to be able to close this transaction during a period of such economic uncertainty.”

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Taking Care: Europe’s (sometimes) controversial later living market – Amy France speaks to Institutional Real Estate, Inc.

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Commercial Real Estate Partner and Head of Later Living, Amy France, is quoted in Institutional Real Estate, Inc.’s latest piece on Europe’s later living market, which looks at how private capital is sometimes prevented from entering the sector, and how more uniform regulation could reassure investors.

The article describes how “care homes and senior living, such as retirement villages with medical and hotel-style facilities, are proving popular with investors across Europe.” While there is a clear reasoning for such investment trends, when understood alongside Europe’s ageing, affluent demographic, there are still several challenges which need of tackling.

One such challenge is fragmentation within the sector, on which France comments: “This is a story of two halves, concerning regulation and planning. In the UK, care home regulation is in a good place compared to other types of retirement living, but many believe that increased government guidance on leasehold structure and deferred management fees, for example, would help the sector grow, providing consumers with more reassurance. And planning remains an issue, with consented sites in short supply.”

This article was originally published in the May 2023, Vol. 7, No. 5, edition of Institutional Real Estate, Inc. and is available here behind their paywall.

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Government’s older person housing taskforce has its work cut out – Natalie Cameron writes for React News

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Commercial Real Estate Senior Associate and member of the Later Living team, Natalie Cameron, has written for React News on the Government’s recent progress in establishing an “Older People’s Housing Taskforce” and the appointment of Professor Julienne Meyer as its Chair.

The taskforce was first announced in the February 2022 ‘Levelling Up’ white paper and is being launched by two Government departments – the Department of Health and Social Care (DHSC) and the Department for Levelling Up, Housing and Communities (DLUHC).

Cameron highlights the differential between the UK and countries such as New Zealand, Australia and the USA, in terms of the availability of homes “with on-site care available”, with the UK (0.6% of total units) lacking far behind similar nations (5-6% total units).

Recognising this supply issue, the taskforce’s purpose is “to work across housing, health and care sectors to drive an increase in the volume and range of housing options, with a particular focus on boosting ‘housing with care’ numbers.”

This is an important issue, as highlighted in Professor Les Mayhew’s review for City University, which concluded that to meet demand, one in four new homes must be built with “housing with care” in mind. This equates to 50,000 of such homes built each year.

Cameron goes on to emphasise the significant role of taskforce appointees in delivering the vision of the ‘Levelling Up’ agenda and state how upcoming legislation aimed at enabling sustainable housing options “tailored to the varying needs of older people will be crucial in the integrated provision of facilities and care services.”

An additional focus for the taskforce will be on potential solutions to the supply of adequate later living housing, including providing clarity on the role of “housing with care” in regard to the planning system and leasehold reform.

The taskforce (consisting of 14 members from a variety of sectors within the later living sphere) will run for 12 months and will work independently of both DLUHC and DHSC ministers, with interim findings to be published after six months.

Cameron concludes by writing: “It is clear that the work to be done by the taskforce is both urgent and vital in enabling the required pace of development of later living accommodation.”

This article was originally published by React News on 20 April 2023 and is available here in full (behind their paywall).

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The later living sector needs a boost – Amy France speaks to Property Week

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Commercial Real Estate Partner and Head of Later Living, Amy France, has spoken to Property Week about the International Longevity Centre’s research into Later Living and how this can trigger progress by tackling issues that have held back growth and innovation in the sector.

With the number of over-65s set to reach 17 million by 2040, the research suggests that the number of older people’s housing units constructed per year will need to rise from 7,000 to 50,000.

A considerable boost in production is therefore necessary and France outlines several steps that can be taken to facilitate this. She specifically mentions sector-specific legislation, local authority targets and widespread planning exceptions as methods to increase clarity, accountability and viability of developments. She also references flexible tenure options, such as shared ownership agreements and stamp duty land tax removals.

France says: “There is no lack of good ideas for how we can get the sector motoring. We need the public and private sectors to work together to escalate delivery. This means putting some meaningful incentives in place for later-living development to thrive.”

This article was first published in Property Week on 19 January 2023 and is available to read in full here, behind their paywall.

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Ten years on from the Montague Review: What’s next for the Build-to-Rent sector?

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Helen Streeton, Partner and Head of Build to Rent gives her key takeaways from the British Property Foundation and Get Living breakfast event, hosted by FTI Consulting on 19 October 2022.

It was fantastic to attend this engaging and informative seminar, with excellent hosting by Giles Barrie and a very informed and energised panel made up of:

  • Ian Fletcher, Director of Policy, British Property Federation
  • Rick de Blaby, Chief Executive, Get Living
  • Alex Greaves, Head of UK and European Living, M&G
  • Jacqui Daly, Director of Residential Research, Savills

This made for a very interesting review of the last ten years since the Montagu Review, and a look ahead for the BTR sector. Here are five key takeaways:

  • The asset class has grown from a relatively immature market, which was feeling its way and described as seeming “bonkers” to many in the real estate sector, to a best in class asset in a relatively mature market place.
  • Despite significant investment over the period, some supply side help from the government and significant units delivered, demand continues to outstrip supply which is putting upward pressure on rental levels.
  • Despite rising construction costs which impact the cost of delivery, and the ever- increasing list of requirements from funders and occupiers alike, in particular around ESG, there seems to be no slow down in the appetite for the product. This is based on strong rental growth which is expected to continue for some time given supply and demand conditions.
  • Nicola Sturgeon has announced a rent freeze in the rental market in Scotland until March 2023. It remains to be seen whether this will be a cap on rent rises or a freeze itself. Panellists felt it was unlikely that this strategy would be rolled out here in England, due to the further excess demand this creates in the market which cannot be met, but that a cap on rent rises might be something which would protect tenants and landlords alike.
  • Placemaking and infrastructure remains at the heart of the build to rent offering alongside high end amenity space.
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Caring for our aging population

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Marking the start of World Alzheimer’s Month, an annual event raising awareness and challenging stigma surrounding Alzheimer’s and dementia, podcast hosts Miri Stickland and Robert Linden Laird Craig are joined by partner Amy France and counsel Mike Armstrong to talk about the advantages of forward planning for later life, the importance of having difficult conversations at the right time and the evolution of later living homes in the UK.

In this episode we were joined by:

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Will ground rent legislation deliver positive change in later living? – Amy France writes for EG

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Commercial Real Estate Partner and Head of Later Living, Amy France, has written for EG, considering how the later living sector may now be viewing the Leasehold Reform (Ground Rent) Act 2022, as an opportunity to deliver positive change.

The article, which was first published on 8 August 2022 on the EG website, is available to read in full here (behind the EG paywall).

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Natalie Cameron to attend ARCO’s What Next? 2022 Conference

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Commercial Real Estate Associate, Natalie Cameron, will attend ARCO’s What Next? 2022 Conference on 6 July 2022.

Created by the Later Living sector, for the Later Living sector, ARCO’s What Next? Conference is the largest networking event for anyone working or interested in Integrated Retirement Communities. It provides a forum for introducing attendees to new ideas, concepts and trends that are likely to shape the future trajectory of the industry for years to come.

The conference will centre around discussions on what customers actually want and need, how the IRC sector can better cater for ethnic minority groups, the current reforms taking place to the leasehold system, how to address the uneven distribution of IRCs across the UK, and what the next 12 months have in store for the industry.

Natalie Cameron is an Associate in the Commercial Real Estate team.

Read more of our insights into this rapidly changing sector here.

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Amy France to attend Property Week Later Living Conference 2022

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Head of Later Living, Amy France, will attend Property Week’s Later Living Conference on 23 June 2022.

This one-day event will bring together key players across the industry, as well as top-level speakers who have been hand-picked to inform, inspire and engage audiences on the big issues of the Later Living sector, which have been accelerated by the impacts of Covid-19, changing lifestyles and consumer demands.

Currently, almost 12 million people are aged 65 and above, and it is predicted that by 2072 this figure will have risen to close to 21 million. The ageing population will present challenges and opportunities, shaping both development and investment decisions. The conference will centre around discussions on the new realities of investment in the Later Living market, what the future might hold for the industry, and the potential role that new technologies and innovation might play in that future.

Amy is a Partner in our Commercial Real Estate team and Head of Later Living.

Read more of our insights into this rapidly changing sector here.

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Student Housing Conference 2022 – what did we learn?

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Commercial Real Estate Partners, Ronan Ledwidge and Anthony Goodmaker, were back at this year’s Student Housing Conference – an in-person event held at the Grand Connaught Rooms on Wednesday 11 May, which brought together all the biggest names in the UK student accommodation market.

The last few years have taught us that the sector has a proven, resilient track record and that purpose-built student accommodation (PBSA) is now considered a mainstream asset class: it’s no longer viewed as “alternative” but as a key investment opportunity by many prominent UK investment funds, whilst also attracting significant interest from the international investment community.

But what are the main talking points for 2022 and beyond?

  1. Lack of Supply – the limited availability of operational stock is the main issue for the investment market, pushing investors into the development funding world as they are forced to take on greater risk to secure their chosen assets. The problem is exacerbated further in key locations where it is notoriously difficult to get planning permission for new PBSA schemes.
  2. Rising Costs – by no means unique to the PBSA market, but a perfect storm is likely to increase price pressure in this sector. Land prices continue to rise due to lack of supply, in spite of increasing build costs. Add to that the general cost of living crisis, with focus on the price of utilities and whether those will be passed on to PBSA’s end users and you are left wondering quite what the budgetary constraints of tomorrow’s students will look like in the face of these rising costs and how that will impact the market.
  3. Sustainability – ESG credentials have long been spoken about in the student sector, and with good reason. Perhaps no other sector can count its end users – the students – as being so intrinsically engaged and sensitised by the climate crisis and general green agenda. Not only do they demand action, they expect it. But whilst there is concern that implementing these requirements comes at a cost, the data suggests that location remains, above all others, the number one determining factor when it comes to students choosing their accommodation. Will we see this change as the ESG requirements of tomorrow’s students become more and more important?

Despite these challenges, the outlook remains overwhelmingly positive. Investment in PBSA will continue to grow as funds, both domestic and overseas, look to place further capital in this sector. And even the local authorities are starting to adjust to the growing demand for new, high-quality student accommodation in key locations – Bristol City Council has recently announced new policy to facilitate the development of PBSA and other shared living accommodation in the city. If other sought-after localities can follow suit, perhaps we will see more supply, quicker than we otherwise might have expected.

Ronan Ledwidge and Anthony Goodmaker are Partners in the Commercial Real Estate team at Forsters LLP and lead Partners in our dedicated Student Accommodation team.

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The Student Housing Conference is back!

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Head of Student Accommodation, Ronan Ledwidge and Commercial Real Estate Partner, Anthony Goodmaker will be attending next week’s Student Housing Conference

They will join leading players in the student housing sector for a discussion on future opportunities within student accommodation property.

Forsters Student Accommodation team have a strong track record of working with investors, real estate funds and developers within the student housing and purpose-built student accommodation (PBSA) sector and our ability to provide a full range of services – from site acquisition, to ongoing strategic management and disposal – puts us in a strong position to provide strategic and commercial legal advice to ensure best value is achieved.

Read more about our dedicated Student Accommodation team here.

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