Between exchange and completion

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Between exchange and completion content

Practice notes
Section 49 of the Law of Property Act 1925—summary procedure for contractual issues and orders for repayment of depositsSection 49 of the Law of...
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Produced in partnership with Victoria Jones of Freeths 11th Aug
Q&As
Do you have a Precedent claim form and particulars of claim for specific performance or other remedies for failure to complete a sale contract?In...
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10th Aug
Q&As
What remedies are available to a purchaser where a sale has not completed and the deposit has not been repaid to the purchaser, but is still held by...
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Produced in partnership with Kate Andrews of Hamlins 10th Aug
Q&As
Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?When...
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Produced in partnership with Kate Andrews of Hamlins 10th Aug
Practice notes
Who is responsible for the property—SCPCs?Under the Second Edition and Third Edition—2018 Revision of the Standard Commercial Property Conditions...
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10th Aug
Practice notes
Sub-sale—ready, willing and able to complete?SDLT is not payable by a sub-seller in a conventional sub-sale which ordinarily completes. So long as the...
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10th Aug
Practice notes
Rescission—failure to obtain landlord’s consentWhile this Practice Note primarily covers commercial property matters, it also touches on residential...
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9th Aug
Practice notes
Who is responsible for the property—SCs?The Standard Conditions of Sale (5th Edn) (5th edition) (SC) reflect the open contract position. They confirm...
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9th Aug
Q&As
Where a contract is conditional on obtaining a satisfactory planning permission which is satisfactory in the absolute discretion of the buyer, is...
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1st Aug
Q&As
What is the position in a conveyancing transaction if it is not possible to complete because of coronavirus (COVID-19)?On 13 March 2020, the Law...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
Where a developer is late for completion under a contract for the sale and purchase of a property, can the buyer recover financial loss and, if so,...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug
Practice notes
Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
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31st Jul

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