Enforcement

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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
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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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
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
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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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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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
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
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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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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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
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Enforcement content

Practice notes
Statutory Protection against mortgage repossession for residential tenantsThe Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A...
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22nd Sep
Q&As
An LPA receiver is offering a property for sale in an auction. The LPA receiver has received an offer 30% above the guide price. Is the LPA receiver...
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13th Sep
Practice notes
Enforcement—security over landSecurity over land can be taken by way of mortgage or charge with the appropriate form often depending on the...
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9th Sep
Practice notes
Overreaching by a mortgageeOverreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from...
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Produced in partnership with Amanda Eilledge of Gatehouse Chambers 18th Aug
Practice notes
Enforcement issues for trust propertyThis Practice Note considers some issues that may arise in the context of the enforcement of security by the...
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Produced in partnership with Jonathan Titmuss of Gatehouse Chambers 18th Aug
Practice notes
Procedure relating to appointment of LPA or fixed charge receiver(s)The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 18th Aug
Precedents
Appointment of LPA/fixed charge receiverDate[insert date of appointment]Parties1[insert name of Lender] of [insert address] [incorporated in England...
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10th Aug
Q&As
Where a debt has been secured by way of a charge (registered form CH1) over the debtor’s residential property (rather than a court order) and the...
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10th Aug
Q&As
When making an application for a charging order on land under CPR 73, is permission from the court for service outside of the jurisdiction required...
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Produced in partnership with Kate Andrews of Hamlins 10th Aug
Q&As
Can a mortgagee who has not been paid simply sell the property without a court order?We are not told what the mortgaged property is but it is assumed...
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Produced in partnership with Helen Galley of XXIV Old Buildings 10th Aug
Q&As
What is the practical procedure for mortgagees obtaining possession following arrears, where: a) property is residential and b) property is...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 10th Aug
Q&As
If a lender exercises its power of sale, does the buyer take the title free from any interests ranking subsequent to the lender's charge, but subject...
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10th Aug
Q&As
If a deed, which is registered as a legal charge on a property provides for the payment of interest, is there any time limitation on how far the...
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Produced in partnership with Kate Andrews of Hamlins 10th Aug
Practice notes
Applying the proceeds of saleSale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all...
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10th Aug
Practice notes
Mortgages in breach of the Financial Services and Markets Act 2000The general prohibitionResidential mortgages provided in the course of a business...
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9th Aug
Practice notes
Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
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9th Aug
Practice notes
Mortgagee’s 'self-help' power of saleSo long as the equity of redemption remains vested in the mortgagor, the mortgagee may not sell the property...
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9th Aug
Q&As
Can obligations be protected with a legal charge if there is no monetary value in the obligation being secured?In Santley v Wilde, Lindley M.R....
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Produced in partnership with Desmond Kilcoyne 1st Aug
Q&As
If a lease, which is subject to a registered charge, is varied by way of Deed of Variation without the consent of the lender, will the lender be bound...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

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