Right to manage

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Practice notes
MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP 19th May
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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19th May
Precedents
To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...
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19th May
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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19th May
Precedents
1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...
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19th May
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 considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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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 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
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
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 Right to manage content

Q&As
Under the Leasehold Reform Act 1967, can a mortgagee in possession apply to a landlord for a lease extension in order to recover the monies lent to...
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6th Jun
Q&As
What happens when a landlord steps back/wants to retire from his management obligations under a lease (in a situation where the right to manage...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
The memorandum and articles of a management company state that a special resolution is required to manage a development. No such resolutions have been...
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Produced in partnership with Helen Galley of XXIV Old Buildings 5th Jun
Q&As
There are four flats in a building. Two are owned by one person (A) and the other two each have separate owners, ie three owners in total. Is A...
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Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun
Q&As
Where can I find precedent articles of association for a freehold or tenants' management company?Possible company structuresManagement companies...
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5th Jun
Q&As
Is there a procedure where a management order pursuant to section 24 of the Landlord and Tenant Act 1987 expires and the manager wants to continue...
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Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun
Q&As
If someone has been summoned to attend the First-tier Tribunal as a witness in a professional capacity, can you seek to claim their costs at their...
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5th Jun
Q&As
When exercising the right to manage with a commercial unit on the ground floor, are the tenants obliged to take over management of the whole building,...
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5th Jun
Q&As
Can a landlord concede management of a building to a purported right to manage company which has been incorporated as limited by shares, rather than...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Practice notes
The right to manage—what are qualifying premises?Under Commonhold and Leasehold Reform Act 2002, s 71 (CLRA 2002), tenants can claim the right to...
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5th Jun

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