Contract clauses

Contract clauses guidance:

Clause 1—Definitions Amend the definition of Completion Date: Completion Date [insert date] being the completion date fixed by the Original Contract Add the following...

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1 Anti-bribery—short form—pro-customer Bribery Laws means the Bribery Act 2010 [and associated guidance published by the Secretary of State for Justice under the Bribery...

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1 Definitions Arrears the amounts due from the Tenants up to and including Completion but which have not been received by the Seller or its agents as cleared funds before...

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Produced in partnership with Martin Wilson 1 Capital allowances—for use where the Seller has claimed plant and machinery allowances and the parties will enter into a s...

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Licensing 1 Definitions Business the [insert number ][star] hotel business operated by the Seller at the Property providing for [accommodation type] [sale food and...

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The current competition regime (Competition Act 1998) prohibits: • anti-competitive agreements (Chapter I) • abuse of a dominant position (Chapter II) Chapter II applies...

Practice Note

The Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions were transferred to the Competition and Markets...

Practice Note

1 Rent deposit[s] All money deposited with or held by the Seller as security for payment of rent and other sums payable and for performance of covenants by a tenant under...

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1 Tenancy Deposit[s] 1.1 On the grant of the Tenancy Agreement[s], the Tenant[s] paid [a deposit of £[insert figure] ('the Tenancy Deposit') OR deposits in the sums set...

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For insertion in a sale contract The Seller and the Buyer agree that: • except where such disclosure is required in order to comply with the requirements of any statutory...

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What is an agreement on liabilities? Parties to a transaction may decide to address the allocation of known or potential remediation costs under the Environmental...

Practice Note

Determining liability Enforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the Environmental...

Practice Note

1 Guarantor In consideration of the Seller entering into this contract at the Guarantor's request the Guarantor agrees with the Seller as a primary obligation as follows:...

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Side letters to contracts are often used: • before exchange to make late alterations to the terms of a contract where the main document cannot easily be...

Practice Note

A contract for the sale of land, or of any interest in land, is void unless it complies with Law of Property (Miscellaneous Provisions) Act 1989, s 2 (LP(MP)A 1989). It...

Practice Note

Excepted contracts The contractual formalities set out in Law of Property (Miscellaneous) Provisions Act 1989, s 2 (LP(MP)A 1989) do not apply to contracts: • for leases...

Practice Note

1 Registration 1.1 The Buyer must: 1.1.1 apply to HM Land Registry submitting a SDLT 5 Form and paying the application fee to be entered on the register as proprietor of...

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This Practice Note explains why exclusion clauses are used in property contracts and when they may be of no effect, including at common law in the context of fraudulent...

Practice Note

Exclusion clauses aim to protect a party to a contract by excluding or limiting liability against claims for breach of contract or in tort. In the context of property...

Practice Note

Execution of deeds Most deeds entered into in the course of a property transaction will require substantive registration or the making of entries on the register by HM...

Practice Note

Parties 1 [insert name of relevant party] [(in [administrative receivership [and also in]] [liquidation OR administration])] of [insert address] [incorporated in England...

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Limitation of trustees’ liability—lease clauses Trustees means the persons named as [Landlord OR Tenant] in this lease and any person appointed as trustee of [name of...

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This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in commercial agreements....

Practice Note

What is a rent guarantee? A rent guarantee is an incentive offered by the seller of an investment property which has empty premises (eg an empty floor in an office block...

Practice Note

The ScheduleRental guarantee schedule 1 Definitions In this Schedule: 1.1 'Approved Criteria' means the criteria set out in paragraph 4 (Letting terms) below 1.2...

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1 Definitions Outstanding Matters satisfaction by the Seller [of all of ]the following matters: (a) [insert details of outstanding matters to be completed;] (b) [insert...

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The [assignment OR transfer] of the [Property OR [insert appropriate definition for the property being assigned]] shall contain the following covenants: The Buyer...

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Definitions HMRC Her Majesty’s Revenue and Customs Lease the lease of the Property dated [insert date] and made between [insert parties] SDLT stamp duty land tax as...

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Definitions Deferred SDLT has the meaning as set out in clause [insert number] HMRC Her Majesty’s Revenue and Customs SDLT stamp duty land tax as provided in Part 4 of...

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1 Definitions Environmental Law all Legislation concerning the environment including the Environmental Protection Act 1990, Part IIA of the Contaminated Land (England)...

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