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...
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...
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:...
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...
What is merger?A lease terminates as a result of merger when both the lease and the reversion of that lease become vested in the same person—see Rye v...
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...
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...
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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...
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...
Appointment of LPA/fixed charge receiverDate[insert date of appointment]Parties1[insert name of Lender] of [insert address] [incorporated in England...
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...
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...
Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
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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Scottish Law
