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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
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
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
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 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

Most recent Rent and rates content

Q&As
Do the Rules for the Independent Resolution of Tenancy Deposit Disputes (3rd Edition) also apply to the Deposit Protection Service? Is the...
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6th Jun
Q&As
What is the limitation period for the recovery of rent due under a lease?Section 19 of the Limitation Act 1980 states that no action shall be brought...
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6th Jun
Q&As
If a debtor is paying off a debt by monthly instalments and a charging order is obtained over the debtor's property as security only, can the creditor...
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6th Jun
Q&As
As a matter of law if a freehold company is in debt are the shareholders required to contribute to the debt, if the debt is not recoverable as service...
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6th Jun
Q&As
Does the Pre-Action Protocol for Debt Claims apply where the debtor is a partnership (not a limited liability partnership)?The new Pre-Action Protocol...
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6th Jun
Q&As
I act for a landlord and have presented the landlord with asset waiver letters by the tenant so they can finance their equipment. Is there any...
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6th Jun
Q&As
Are the requirements to place deposits within a tenancy deposit scheme binding on a landlord who is a company rather than an individual?Tenancy...
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Produced in partnership with Brooke Lyne of Landmark Chambers 6th Jun
Q&As
Can a foreign embassy which rents property in the UK be sued for breaching the lease agreement? If not, what steps can be taken to gain possession of...
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Produced in partnership with Helen Galley of XXIV Old Buildings 6th Jun
Q&As
A reversionary lease has been granted with the term commencement date being in December 2018. Can an underlease be granted out of that reversionary...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 6th Jun

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