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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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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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9th Nov
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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9th Nov
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Practice notes
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov

Most recent Lease, licence and agreement for lease clauses content

Practice notes
IntroductionThis Practice Note looks at the use of virtual and electronic signatures in property transactions and considers some of the practical...
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13th Apr
Practice notes
IntroductionThis Practice Note looks at when deeds are required in property transactions, how deeds are validly executed by individuals in accordance...
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9th Apr
Practice notes
Form of covenantLeases generally restrict the tenant's use of the property to a specific purpose, whether specifically described or expressed by...
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8th Apr
Practice notes
Pool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early 1990s in London and elsewhere...
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8th Apr
Practice notes
Points scored and gloated over when negotiating a lease can bite back when the rent comes up for review. In a weak market, the presence of onerous...
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8th Apr
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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8th Apr
Practice notes
Form of covenantThe tenant’s ability to assign or underlet will depend on the form of covenant in the lease. It is important to properly analyse the...
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8th Apr
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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8th Apr
Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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8th Apr
Practice notes
Development leases often gear the reviewed rent to the underlease rents. The tenant pays the landlord a defined percentage of the income he derives...
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8th Apr
Practice notes
The rationale behind an assumption of vacant possession at rent review is to prevent the landlord benefiting from an increase in rent for the premises...
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8th Apr
Practice notes
'Possession' and 'occupation' are not interchangeable expressions. A covenant in a lease that forbids parting with possession is not broken by a...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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8th Apr
Practice notes
Unless there is clear wording to the contrary (eg a schedule of condition), a covenant to repair requires the tenant to undertake work that, having...
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8th Apr
Practice notes
Repair and improvementsA tenant will not generally be expected to pay for the landlord to upgrade or improve its property as opposed to repairing it....
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8th Apr
Practice notes
Side letters are often used:•to make arrangements and grant concessions (eg in relation to the permitted use, the standards of repair or rental...
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8th Apr
Practice notes
This Practice Note considers set-off provisions in leases and whether a tenant can set off a claim against a new landlord after assignment. A tenant...
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8th Apr
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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8th Apr
Practice notes
Meaning of rebuildingDepending on context, the Court of Appeal confirmed that rebuilding meant more than the reconstruction of the existing buildings....
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8th Apr

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