Property fund structures

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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 Property fund structures content

Practice notes
Vehicles for property development and investment—VAT implicationsThis Practice Note is about the VAT treatment of partnerships, joint ventures and...
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Produced in partnership with Martin Scammell 5th Sep
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
Practice notes
SDLT and partnerships—anti-avoidance and reliefsThis Practice Note gives details of stamp duty land tax (SDLT) anti-avoidance rules and SDLT reliefs...
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Produced in partnership with Kevin Griffin 24th Aug
Practice notes
SDLT and partnerships—transfers from a partnershipThis Practice Note explains the special stamp duty land tax (SDLT) rules which apply when an...
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24th Aug
Practice notes
SDLT and property investment partnershipsThis Practice Note sets out the specific stamp duty land tax (SDLT) rules which apply to property investment...
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Produced in partnership with Kevin Griffin 24th Aug
Practice notes
SDLT and partnerships—transfers to a partnershipThis Practice Note explains the special stamp duty land tax (SDLT) rules which apply when an interest...
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24th Aug
Practice notes
SDLT and partnerships—general principles and ordinary transactionsThis Practice Note sets out the general treatment of partnerships for stamp duty...
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Produced in partnership with Kevin Griffin 24th Aug
Q&As
If a property development company buys a residential property, how does it demonstrate it should be charged normal SDLT rates instead of the 15 per...
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16th Aug
Practice notes
UK REITs—taxation of the REIT and shareholdersFORTHCOMING CHANGE: Finance Bill 2022 will amend the real estate investment trust (REIT) regime. The...
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Produced in partnership with Martin Shah of Simmons & Simmons and Charles Goddard of Rosetta Tax 16th Aug
Practice notes
Key UK tax issues arising on the sale and purchase of an SPV owning UK commercial propertyTax is a key consideration when selecting an appropriate...
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Produced in partnership with James Meakin of Dentons 16th Aug
Practice notes
Non-resident landlords schemeThe Non-resident Landlords Scheme (NRL Scheme) requires income tax at the basic rate to be deducted from rental payments...
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16th Aug
Practice notes
UK real estate investment trusts (REITs)—summaryFORTHCOMING CHANGE: Finance Bill 2022 will amend the real estate investment trust (REIT) regime. The...
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Produced in partnership with Martin Shah of Simmons & Simmons and Charles Goddard of Rosetta Tax 16th Aug
Practice notes
Property authorised investment funds (PAIFs)—summaryThe regime for property authorised investment funds (PAIFs) was introduced in 2008.It created a...
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Produced in partnership with Martin Shah of Simmons & Simmons and Charles Goddard of Rosetta Tax 16th Aug
Practice notes
Guernsey trustsFor general information on Guernsey, see Practice Note: Private Client jurisdictional guide—Guernsey.Guernsey as a trust...
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Produced in partnership with Gavin Ferguson of Ogier 15th Aug
Practice notes
Forming a general partnership and continuing obligationsThis Practice Note discusses the conditions that need to be satisfied to form a general...
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12th Aug
Practice notes
The nature of a limited partnership and its legal frameworkSources of limited partnership lawThe main body of law governing a limited partnership...
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12th Aug
Practice notes
The nature of a limited liability partnership and its legal frameworkA limited liability partnership (LLP) is not a partnership but a body corporate...
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12th Aug
Practice notes
Limited liability partnership agreementsIt will almost always be advisable for the partners of a limited liability partnership (LLP) to enter into a...
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12th Aug
Practice notes
The nature of a general partnership and its legal frameworkSources of partnership lawThe main body of law governing a general partnership formed under...
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12th Aug

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