The following Property practice note provides comprehensive and up to date legal information covering:
Subleases suffer from the possibility of forfeiture of the headlease, which automatically results in forfeiture of any sublease. Unless the headlease is held by a tenants' management company (in which situation the flat tenants, as members or officers of the company, have at least some influence over the company’s compliance with the tenant covenants in the headlease), the flat tenants have no control over forfeiture of the headlease.
Although there is authority for the proposition that a sublessee of part—such as a flat—can be granted relief from forfeiture (limited to that part), such relief will often not be appropriate or
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The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The magistrates' court is likely to decline jurisdiction if there are repeated threats or a visible weapon.Elements of the offence of threats to killThe
The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a state of emergency•limited rights—which may be
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard Commercial Property Conditions (Second Edition) (the Second Edition), which was published in June 2004. It is intended to reflect the changes in law and
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