Between exchange and completion

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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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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Precedents
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...
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9th Nov
Practice notes
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....
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9th Nov
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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9th Nov
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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9th Nov

Most recent Between exchange and completion content

Practice notes
Section 49 of the Law of Property Act 1925This Practice Note considers the procedure under section 49(1) of the Law of Property Act 1925 (LPA 1925),...
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Produced in partnership with Victoria Jones 27th Apr
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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8th Apr
Practice notes
The Standard Conditions of Sale (5th Edn) (5th edition) (SC) reflect the open contract position. They confirm that the risk in respect of the property...
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8th Apr
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Standard Conditions of...
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8th Apr
Practice notes
Under the second and third editions of the Standard Commercial Property Conditions (SCPCs) (Second Edition and Third Edition respectively) risk passes...
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8th Apr
Practice notes
SDLT is not payable by a sub-seller in a conventional sub-sale which ordinarily completes. So long as the main contract and the sub-contract complete...
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8th Apr
Q&As
In practice, where conditionality clauses have been drafted in favour of the buyer and such conditionality is to be 'at the buyer’s absolute...
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22nd Jan
Q&As
It has been assumed for the purposes of this response that:•the party who has the claim is a purchaser•the amount of the claim is unknown•the...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
In respect of drafting a claim form, there is no ‘correct’ answer here as Part 7 or Part 8 can be used when issuing proceedings for specific...
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22nd Jan
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 8th Jan
Q&As
On 13 March 2020, the Law Society issued guidance in respect of residential conveyancing transactions in light of coronavirus. It is suggested that...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
If a party entirely refuses to complete following the exchange of contracts, damages may be sought for breach of contract. If the purchaser is the one...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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