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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
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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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
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 Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...
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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
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
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 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
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
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 Leases and licences content

Q&As
Where a tenant remains in occupation after the contractual expiry of a contracted-out business lease, what is the nature of that occupation?The basic...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 11th Jun
Q&As
If a licence is for a term exceeding six months or it is for a term of less than six months but with an option to renew for a further six months, will...
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11th Jun
Practice notes
Vacant possession strategy for redevelopmentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in...
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Produced in partnership with Jill Carey of Freeths 11th Jun
Precedents
Vacant possession strategy—scheduleCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...
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11th Jun
Q&As
In a periodic business lease where there is no written lease but annual rent is paid quarterly, what notice must the tenant give to terminate?Although...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jun
Q&As
How should we document a headlease for a tenant who has been in occupation for many years and has granted an underlease?We assume that no formal lease...
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11th Jun
Q&As
What is a tenant’s occupational status when they failed to issue proceedings before expiry of a section 25 notice, but remained in occupation and...
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11th Jun
Q&As
What is the status of an executed but undated lease? The parties have treated the lease as valid for a number of years. How can the landlord terminate...
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11th Jun
Q&As
What happens if a landlord serves a section 25 notice proposing terms for a renewal lease, and the tenant does not respond before the termination date...
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11th Jun
Q&As
If a company was a tenant in a residential assured shorthold tenancies (potentially on the behalf of employees without using a service occupancy...
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11th Jun
Practice notes
Service occupancy or tenancy?An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has...
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11th Jun
Practice notes
Using licences and tenancies at willPressure to secure a new letting often leads to the suggestion of early access on the basis of a licence or...
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11th Jun
Practice notes
Implied tenancies at will—holding over after expiry of a contracted-out lease or occupation before completion of a new leaseWhere a tenant holds over...
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11th Jun
Q&As
We have assumed for the purpose of this Q&A that the question relates to a six month contractual licence of a commercial property.A contractual...
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8th Jun
Q&As
A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What...
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6th Jun
Q&As
Would an option to renew within a genuine licence to occupy arrangement mean there is a risk it could be construed as a lease?For the purposes of this...
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Produced in partnership with Matthew Haynes of St Ives Chambers 6th Jun

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