Taking and perfecting security

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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 Taking and perfecting security content

Practice notes
Floating chargesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following...
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10th Sep
Q&As
When acting for a lender in respect of a legal charge and debenture, is it necessary to register the debenture at HM Land Registry as well as the...
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9th Sep
Practice notes
Taking security over landCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution...
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9th Sep
Practice notes
Taking security over unregistered landCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19)...
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9th Sep
Practice notes
Key features of debenturesDebentures are used in many types of financing where it is desirable to take security over all of the assets of a particular...
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9th Sep
Practice notes
Security in real estate finance transactionsReal estate finance is a type of secured lending. Some of the reasons for taking security in a real estate...
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9th Sep
Practice notes
Third party securityCoronavirus (COVID-19): The Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan Scheme (CBILS) and Coronavirus...
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9th Sep
Practice notes
Fixed and floating chargesThere are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note...
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9th Sep
Practice notes
Dealing with individuals in a finance transaction—investigating capacity and authorityThis Practice Note considers the issues which can arise when...
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2nd Sep
Practice notes
Key issues in taking a guarantee from an individualCoronavirus (COVID-19):•The Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan...
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31st Aug
Precedents
Independent legal advice letter (Etridge letter) to be given by a solicitor: for use where a home is charged to secure a loanDear [insert name of...
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26th Aug
Practice notes
Taking a guarantee or third party security from an individual—undue influenceGuarantees (see Practice Note: Guarantees) and third party security (see...
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26th Aug
Precedents
Long form property management agreementdate [date]parties1[name of the Company] [of OR incorporated in England and Wales with Company registration...
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24th Aug
Precedents
Short form property management agreementThis agreement is made the [insert date] day of [insert month and year] Between [owners of property] of...
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24th Aug
Precedents
Notice of assignment or transfer of reversion—residentialNotice of [assignment] [TRANSFER] [AND DIRECTION TO PAY FUTURE RENT]—Landlord and Tenant Act...
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24th Aug
Precedents
Rent authority letter—commercial property[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of...
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24th Aug
Practice notes
Assignment by a funder in construction projectsBanks and other funders frequently take an assignment of the benefit of the suite of construction...
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Produced in partnership with Maxwell Winward 12th Aug
Precedents
Notice of assignment—construction projectsTo: [insert company name]Address: [insert address for the service of notices]Dear [insert name of...
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11th Aug
Precedents
Deed of assignment—construction projectsDateParties1[insert name] (Company Registration No. [insert number]) whose registered office is at [insert...
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11th Aug
Practice notes
Assignment of a warranty'>collateral warrantyThis Practice Note focuses on the assignment of collateral warranties (see Practice Note: What are...
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11th Aug

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