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Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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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
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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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
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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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
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
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Clause bank for property lawyers content

Practice notes
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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15th Jan
Practice notes
This Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general content on indemnities, see Practice Note:...
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15th Jan
Practice notes
The hypothetical demiseThe starting point in construing a rent review in a commercial lease is an assumption that the rental value is to be that of...
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15th Jan
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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15th Jan
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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15th Jan
Practice notes
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...
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15th Jan
Practice notes
Insured risksIt is in the tenant’s interests to ensure the landlord covenants to insure against as comprehensive a range of risks as possible as:•an...
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15th Jan
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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15th Jan
Practice notes
Unless the option agreement or contract specifically allows for extensions of time, the time limit must be strictly adhered to. It cannot be extended...
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15th Jan
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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15th Jan
Practice notes
Law of Property (Miscellaneous Provisions) Act 1989A contract for the sale or other disposition of land, or of any interest in land, is void unless it...
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15th Jan
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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15th Jan
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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15th Jan
Practice notes
In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the...
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15th Jan
Practice notes
Reinstatement of alterations can be very contentious. Landlords may be left with a property in an unlettable state or tenants may find that they are...
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15th Jan
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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15th Jan
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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15th Jan
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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15th Jan
Practice notes
Determining liabilityEnforcing authorities should follow the five step procedure set out in the statutory guidance for determining liability under the...
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15th Jan
Practice notes
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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Produced in partnership with Argyll Environmental and Burges Salmon 15th Jan

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