Assignment and underletting

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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
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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19th May
Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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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
To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...
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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
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 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 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 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

Most recent Assignment and underletting content

Practice notes
Acting for a tenant—assignment of existing lease—key issuesIs the landlord’s consent required to the assignment?Check the terms of the lease...
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18th Jun
Practice notes
Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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11th Jun
Practice notes
Quick guide to common time limits for property disputes lawyersThis Practice Note details the deadlines for carrying out some of the more common tasks...
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11th Jun
Practice notes
Code for leasing business premises, RICS professional statement 2020Status of the Lease Code 2020The Code for leasing business premises, RICS...
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11th Jun
Q&As
Where a rent review takes place in a new lease, if the lease is assigned before the review is determined (resulting in an increase in rent which, in...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
Where a lease requires an AGA as a condition of assignment, if the landlord requires a personal guarantee from one of the owners of the assignor...
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6th Jun
Q&As
Does an undertenant have to comply with provisions in the headlease regarding alienation?This consent from the head landlord is likely to have been...
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6th Jun
Q&As
A landlord has granted subleases for a term longer than the headlease. What is the position of the subleases?An underlease that is granted for as...
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6th Jun
Q&As
Can a landlord seek to forfeit an ‘old’ lease against a current leaseholder based on breaches (unauthorised alterations and disrepair) of lease...
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6th Jun
Q&As
If it is proposed that X (the tenant) surrenders a lease to Y (the landlord), and Y agrees to grant a new lease to Z who is a guarantor in the current...
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6th Jun

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