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Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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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
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
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
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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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
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
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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9th Nov
Practice notes
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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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
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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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 Commercial real estate finance content

Q&As
The standard forms of warranty'>collateral warranty that parties involved in a construction project are most likely to suggest are published by:•JCT...
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15th 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
In financing and construction documentation for development projects it is usual to see requirements for parties to arrange insurance so that a...
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15th Feb
Q&As
The Loan Market Association (LMA) published a precedent form of facility agreement for use in real estate finance development transactions in 2013....
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15th Feb
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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15th Feb
Precedents
This Agreement is made on the [insert date] day of [insert month] 20[insert year]Parties1[insert name of party], a company incorporated in [England...
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14th Feb
Precedents
Date [______________________________20[insert]]Parties1[Consultant] (incorporated and registered in England and Wales under company registration...
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14th Feb
Precedents
[insert name of property]Executive summary[insert details]Building contract and related documents1[Design and Build ]Contract—between (1) [insert name...
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14th Feb
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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13th Feb
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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12th Feb
Precedents
TO BE PRINTED ON THE HEADED PAPER OF THE BORROWER’S SOLICITORSTo:[insert details of the lender’s solicitors](the Lender’s Solicitors), and[insert...
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12th Feb
Precedents
TO BE PRINTED ON THE HEADED PAPER OF THE SELLER’S LENDER’S SOLICITORSTo:[insert details of the buyer’s solicitors](the Buyer’s Solicitors)[insert...
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12th Feb
Precedents
date [date] Parties1[name of agent] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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12th Feb
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 12th Feb
Precedents
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
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11th Feb
Precedents
dated [date]parties1[name of the Company] [of OR incorporated in England and Wales with Company registration number [number] whose registered office...
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10th Feb
Precedents
date [date]Parties1[name of the Company] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
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10th Feb
Practice notes
Where land is held on a charitable trust, it can only be mortgaged in accordance with the provisions of Part 7 of the Charities Act 2011 (CA 2011). A...
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10th Feb
Practice notes
VariationA registered charge must be varied by deed. The application to register the deed must be made:•in the prescribed form, and•by or with the...
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8th Feb

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