Lease, licence and agreement for lease clauses

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Precedents
notice of [assignment OR transfer]To: [insert name of landlord][of [insert address] OR whose registered office is at [insert address] Company number...
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19th May
Q&As
The rule in Wheeldon v Burrows concerns the creation of easements. The rule lays down the principle that:'…on the grant by the owner of a tenement of...
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Produced in partnership with Christopher Snell of New Square Chambers 19th May
Practice notes
The principle of subrogationSubrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy,...
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19th May
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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19th May
Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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19th May
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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19th May
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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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) came into force on 1 January 1997. Under it:•the trust for sale is replaced by...
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19th May
Practice notes
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...
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19th May
Practice notes
A ‘mortgage cure’ clause (or ‘mortgagee protection’ clause) provides some protection to lenders in relation to the landlord’s rights to forfeit a...
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19th May
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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19th May
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Whenever a property is sold,...
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19th May
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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19th May
Practice notes
The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...
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19th May
Practice notes
What is a pre-emption?A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Most recent Lease, licence and agreement for lease clauses content

Practice notes
Commercial service charges—what expenses can the landlord recover?Repair and improvementsA tenant will not generally be expected to pay for the...
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3rd Aug
Q&As
Is it possible to make an amendment to a licence to occupy which is for a fixed duration to increase the licenced area and licence fee. Does this need...
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1st Aug
Q&As
Are there any cases relating to the Defective Premises Act 1972 where a leak into a ceiling, or wall, was considered a defect which caused a...
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1st Aug
Q&As
Do you have a carve clause for inherent defects?We refer you to Precedent: Pie crust lease which contains a definition of ‘inherent defect’ and an...
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31st Jul
Practice notes
Competition law—abuse of a dominant positionThe current competition regime (Competition Act 1998) prohibits:•anti-competitive agreements (Chapter...
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31st Jul
Practice notes
Rent review—onerous provisionsPoints scored and gloated over when negotiating a lease can bite back when the rent comes up for review. In a weak...
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31st Jul
Practice notes
Rent review—disregarding improvementsWhat is an improvement?By analogy with cases under section 19 of the Landlord and Tenant Act 1927, an alteration...
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31st Jul
Practice notes
Landlord's consent to assign or underletForm of covenantThe tenant’s ability to assign or underlet will depend on the form of covenant in the lease....
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31st Jul
Practice notes
Entitlement to insurance moneyMost modern commercial leases, and many residential ones, place an obligation on the tenant to pay 'insurance rent' and...
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31st Jul
Practice notes
Buildings insurance—subrogation rights and waiversThe principle of subrogationSubrogation is the right of an insurer, once it has made payment to its...
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31st Jul
Practice notes
Exclusion clauses in property contracts—misrepresentationThis Practice Note explains why exclusion clauses are used in property contracts and when...
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31st Jul
Practice notes
What is the appropriate standard of repair?Unless there is clear wording to the contrary (eg a schedule of condition), a covenant to repair requires...
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31st Jul
Practice notes
Insuring against terrorist risksPool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early...
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31st Jul
Practice notes
Differences—joint insured and notingJoint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same...
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31st Jul
Practice notes
Commercial service charges—what is the landlord's liability to provide the service?The court may imply an obligation on the landlord to provide...
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31st Jul
Practice notes
Alterations outside the demiseIn the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent...
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31st Jul
Practice notes
Remote execution of documents in property transactions—virtual and electronic signaturesIntroductionThis Practice Note looks at the use of virtual and...
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31st Jul
Practice notes
Headline rentsWhat is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to...
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31st Jul

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