Property fund structures

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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
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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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
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
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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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
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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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
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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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
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Property fund structures content

Practice notes
This Practice Note considers the acts typically carried out by limited liability partnerships incoprorated under English law (LLPs) in the context of...
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25th Nov
Practice notes
What are property derivatives?Property derivatives are derivative contracts which use the price of property as a reference rate to determine the...
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25th Nov
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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25th Nov
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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18th Nov
Precedents
This Agreement is made on [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose...
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16th Nov
Practice notes
BREXIT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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11th Nov
Practice notes
It will almost always be advisable for the partners of a limited liability partnership (LLP) to enter into a limited liability partnership agreement...
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5th Nov
Practice notes
A limited liability partnership (LLP) is not a partnership but a body corporate that is formed under the Limited Liability Partnerships Act 2000 (LLPA...
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5th Nov
Practice notes
This Practice Note explains the special stamp duty land tax (SDLT) rules which apply when an interest in land is transferred from a partnership to a...
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27th Oct
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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26th Oct
Precedents
This agreement is made the [insert date] day of [insert month and year] Between [owners of property] of [insert address] (the ‘Owners’) and [managing...
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15th Oct
Q&As
15% rate of SDLTFor details on the 15% rate of SDLT, see Practice Note: 15% rate of SDLT for high-value residential property transactions. See also,...
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28th Sep
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 Sep
Practice notes
Key differences in the legal risk profile, compared to a direct property purchaseIn general, the intention of a person buying the shares in an SPV...
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27th Sep
Practice notes
This Practice Note examines the tax treatment of UK real estate investment trusts (UK REITs) and their shareholders.The purpose of the UK REIT regime...
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Produced in partnership with Charles Goddard of Rosetta Tax 26th Sep
Practice notes
The regime for UK real estate investment trusts (UK REITs, or just REITs) was introduced on 1 January 2007.There are currently around 50 UK REITs,...
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Produced in partnership with Charles Goddard of Rosetta Tax 26th Sep
Practice notes
This Practice Note is about the VAT treatment of partnerships, joint ventures and other entities in the context of property development and...
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26th Sep
Practice notes
The Non-resident Landlords Scheme (NRL Scheme) requires income tax at the basic rate to be deducted from rental payments due to non-resident landlords...
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26th Sep
Practice notes
This Practice Note set out some of the key issues to be considered when acting on the purchase of a property from a Self-Invested Personal Pension...
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26th Sep
Practice notes
It will almost always be advisable for partners to enter into a partnership agreement in order to avoid application of any inappropriate default...
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26th Sep

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