The following Property practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures apply. EPC assessments should only be conducted in accordance with government advice on home moving during the coronavirus outbreak and where the EPC assessment can be conducted safely—see Practice Note: Coronavirus (COVID-19)—implications for property — EPCs and social distancing.
Enquiries before contract play a part in various scenarios; for example, they are raised by a purchaser on the acquisition of freehold or leasehold land, by a tenant before the grant of a new lease, by a mortgagee before taking a charge over land or by a landlord before accepting a surrender of a lease. This Practice Note looks at the role of enquiries in the due diligence process and what to do when faced with preliminary enquiries in commercial property transactions. For simplicity, reference here will be made to seller and buyer although this can include landlord and tenant or mortgagor and mortgagee as appropriate.
Enquiries before contract (also called pre-contract enquiries or preliminary enquiries) form part of the due diligence carried out by a prospective buyer in a property transaction. Although enquiries before contract are often treated as a stand-alone part of the due diligence process, there is a degree of overlap with a buyer’s title investigation, searches and
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This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. This Practice Note
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually state that judgment is being reserved. This is common practice in the High Court. The draft judgment will be provided to the parties’ legal
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