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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
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
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
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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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
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
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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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
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
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
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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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 Investment finance content

Practice notes
Funding optionsWhen setting up a joint venture (JV), the parties will need to consider how the JV is to be funded, both initially and throughout the...
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18th Jan
Practice notes
What is a sale and leaseback?At its most basic level a sale and leaseback transaction involves the sale by an entity of some or all of its real...
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17th Jan
Practice notes
Coronavirus (COVID-19): For information on the implications of the coronavirus outbreak on real estate finance, see Practice Note: Coronavirus...
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17th Jan
Practice notes
Many of the usual representations and warranties for a typical syndicated loan facility will also be applicable to a real estate finance transaction....
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17th Jan
Practice notes
What are the key features of real estate finance?This Practice Note focuses on what is thought of as traditional real estate finance ie lending...
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17th Jan
Practice notes
Islamic real estate finance is becoming ever more popular and increasingly mainstream in the UK and world property markets. Global assets of Islamic...
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Produced in partnership with Foot Anstey LLP 17th Jan
Practice notes
COVID-19 (Coronavirus): A typical real estate finance facility agreement will require the borrower to collect rent from its occupational tenants and...
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17th Jan
Practice notes
The regime for property authorised investment funds (PAIFs, or as HMRC use in regulations and their published guidance, Property AIFs)) was introduced...
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Produced in partnership with Martin Shah of Simmons & Simmons LLP based on material originally written by Charles Goddard of Rosetta Tax LLP 15th Jan
Practice notes
Why sell and lease back?Release capitalA sale and leaseback transaction allows an owner of real estate to unlock capital. In its most basic form the...
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15th Jan
Practice notes
What is an equity-sharing lease?An ‘equity-sharing’ lease is a structure which can be used as a mechanism for joint venture investment in property.In...
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15th Jan
Practice notes
Participating and convertible mortgages are examples of so-called ‘hybrid debt’ investments, which have both equity and debt features. They are joint...
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15th Jan
Practice notes
Property derivativesA derivative is a financial contract that gives an investor a return based on the performance of an underlying asset. In essence,...
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15th Jan
Practice notes
Flexible loan structuresFollowing the financial crisis, the real estate finance market saw a retreat of conventional bank lending and an influx of...
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Produced in partnership with Rohan Campbell of Maple Teesdale LLP 15th Jan
Practice notes
FORTHCOMING CHANGE: As part of a consultation on the tax treatment of asset holding companies, the government is consulting until 23 February 2021 on...
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Produced in partnership with Martin Shah of Simmons & Simmons LLP based on material originally written by Charles Goddard of Rosetta Tax LLP 12th Jan
Practice notes
StructureThis Practice Note assumes that the funder is only providing funding to the JV (ie a loan of cash where the loan will be repaid with...
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29th Nov
Q&As
What is a REIT?REIT stands for 'real estate investment trust'. A REIT is effectively a tax-free vehicle for real estate investment, with tax levied at...
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28th Nov
Practice notes
Many of the usual conditions precedent (CPs) for a typical syndicated loan facility will also be applicable to a real estate finance transaction. For...
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25th Nov

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