Due diligence and reporting to lender

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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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9th Nov
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
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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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
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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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
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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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
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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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
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
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Due diligence and reporting to lender content

Q&As
Overriding interests are interests which are binding on an estate in land that is registered at HM Land Registry, even though they do not appear on...
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22nd Jan
Precedents
We have been instructed by [name of Buyer] (the ‘Buyer’) in connection with the purchase of [name of centre/estate/park/building] (the ‘Property’)....
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21st Jan
Precedents
We have been instructed by [name of Buyer] (the ‘Buyer’) in connection with the purchase of [name of centre/estate/park/building] (the ‘Property’)....
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21st Jan
Practice notes
On every construction project which requires external funding, the lender will appoint its own team of lawyers to draft and/or negotiate the various...
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18th Jan
Practice notes
Procurement structureAs shown in the Development procurement structure—chart the relationship between the third parties with an interest in a...
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18th Jan
Practice notes
This Practice Note looks at the construction due diligence process and how a construction lawyer will be involved where a client is buying a property...
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18th Jan
Practice notes
When providing finance for any development or construction project, the lender (or funder) and its advisers will use various methods to protect the...
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18th Jan
Practice notes
COVID-19 (Coronavirus): Property values and the ability to carry out physical inspections of properties on behalf of lenders for valuations are likely...
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17th Jan
Practice notes
Collateral warranties are some of the most important documents in real estate finance development facilities. They are provided by the key members of...
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17th Jan
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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15th Jan
Practice notes
See: Transaction Management—overview topic to browse all of our content on transaction management.A transaction at a glanceA typical property...
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15th Jan
Practice notes
Land Charges searches are not required for dealings with registered land, but if you are acting for a lender in connection with a charge over an...
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15th Jan
Practice notes
What are portfolio loans?A portfolio is a collection of investments, eg a collection of properties which may be held by an investment company, hedge...
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15th Jan
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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15th Jan
Practice notes
This Practice Note deals with the extent of a valuer’s liability to buyers, sellers and mortgagees for inaccurate valuations, including the margin of...
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15th Jan
Practice notes
The 1990s saw a series of cases brought by lenders against their solicitors. The lenders were attempting to recover mortgage advances where they had...
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15th Jan
Practice notes
This Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including priority searches (OS1...
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15th Jan
Practice notes
This Practice Note discusses the key common issues to consider and report to a lender in an investment real estate finance transaction. It does not...
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Produced in partnership with Kelly Myles 15th Jan

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