Positive covenants

View Property by content type:

Latest Property News

Featured Property content

Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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:...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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,...
Read More >
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...
Read More >
19th May

Most recent Positive covenants content

Q&As
Can a rentcharge exist on leasehold property?A rentcharge is an annual or other periodic sum charged on or issuing out of land and not arising out of...
Read More >
13th Sep
Precedents
Deed of covenant to be bound by existing positive covenantsThis Deed is made on [insert date of deed].Parties1[insert name of party giving the...
Read More >
10th Aug
Precedents
Deed of covenant (imposing new covenants on land—restrictive or positive)DateParties1[insert name of Covenantor ][of [insert address] OR incorporated...
Read More >
10th Aug
Q&As
Would service charge not reserved as rent count as rent for enlargement purposes? And does a premium constitute rent and prevent a term from being...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug
Q&As
Could you confirm whether there is any issue with different elements of an estate rentcharge being payable at different times?Under section 2(4) of...
Read More >
10th Aug
Q&As
Is an obligation to contribute to the costs of maintaining a right of way automatically extinguished if the right of way is released?A right of way...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug
Practice notes
Rentcharges—apportionment, termination and enforcementCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency...
Read More >
10th Aug
Practice notes
Enlargement of long termsPractical applicationPositive covenantsEnlargement of a long lease into a freehold can be used to preserve positive covenants...
Read More >
10th Aug

Popular documents