Enforcement

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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
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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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
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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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
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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9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
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
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
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
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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9th Nov
Practice notes
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
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9th Nov
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov

Most recent Enforcement content

Practice notes
In this Practice Note, ‘borrower’ and ‘mortgagor’ are used interchangeably, as are ‘lender’ and ‘mortgagee’. This Practice Note also applies to fixed...
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Produced in partnership with Peter Levaggi of Charles Russell Speechlys LLP 16th Apr
Practice notes
Overreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from charges and encumbrances...
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Produced in partnership with Amanda Eilledge of Hardwicke Chambers 9th Apr
Practice notes
Receivers—backgroundReceivers have been a recognised in English law as a remedy available to creditors and others wishing to protect their interest in...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 9th Apr
Practice notes
Powers—generalThe statutory powers conferred on an LPA/fixed charge receiver are very limited and so for a receiver to exercise the duties which his...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 9th Apr
Practice notes
Impact of appointmentThe effect of the appointment of an LPA/fixed charge receiver is very different from that of an appointment of an administrator,...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 9th Apr
Practice notes
The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to appoint an LPA receiver. This right may alternatively (and more...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 9th Apr
Practice notes
Repayment covenantA claim under the repayment covenant in the principal mortgage can be made against any covenantor, whether principal or surety....
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8th Apr
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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8th Apr
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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8th Apr
Practice notes
The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A 2010) applies where a landlord of a mortgaged property grants a residential...
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8th Apr
Practice notes
The general prohibitionResidential mortgages provided in the course of a business potentially fall within the Financial Services and Markets Act 2000...
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8th Apr
Practice notes
Security over land can be taken by way of mortgage or charge with the appropriate form often depending on the significance of the land to the...
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8th Apr
Precedents
Date[insert date of appointment]Parties1[insert name of Lender] of [insert address] [incorporated in England and Wales with company registration...
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30th Mar
Practice notes
This Practice Note considers some issues that may arise in the context of the enforcement of security by the appointment of a receiver over property...
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Produced in partnership with Jonathan Titmuss of Hardwicke 18th Mar
Practice notes
So long as the equity of redemption remains vested in the mortgagor, the mortgagee may not sell the property except under an express or implied power...
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25th Feb
Q&As
Duty of the receiverThe equitable duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a...
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15th Feb
Q&As
Huge numbers of legal disputes could be avoided by the parties to loan agreements committing these to writing and providing for security. A charge on...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Feb
Q&As
In Santley v Wilde, Lindley M.R. stated:‘…a mortgage is a conveyance of land…as a security for the payment of a debt or the discharge of some other...
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Produced in partnership with Desmond Kilcoyne 5th Feb
Q&As
For the purposes of this Q&A, we have assumed that there are no other proceedings between the same parties in any other part of the UK or any other...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan

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