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The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Budget 2018—what does it mean for infrastructure and housebuilding?

The following Construction news provides comprehensive and up to date legal information on Budget 2018—what does it mean for infrastructure and housebuilding?

Harvesting the sun—closing down a solar farm

The following Energy news provides comprehensive and up to date legal information on Harvesting the sun—closing down a solar farm

The modern industrial strategy—what does it mean for delivering affordable energy and clean growth?

The following Construction news provides comprehensive and up to date legal information on The modern industrial strategy—what does it mean for delivering affordable energy and clean growth?

Featured Property content

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

Practice notes

Without prejudice and subject to contract

Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...

9th Nov

Practice notes

Headline rents

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...

9th Nov

Practice notes

Derogation from grant and the covenant for quiet enjoyment

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...

9th Nov

Practice notes

Implied easements—common law

There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...

9th Nov

Practice notes

Fixtures and fittings

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...

9th Nov

Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...

9th Nov

Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

9th Nov

Practice notes

Rent suspension or cesser

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

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...

9th Nov

Precedents

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...

9th Nov

Practice notes

Conditional contracts—property

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....

9th Nov

Practice notes

What is a good and marketable title?

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...

9th Nov

Precedents

Disclosable overriding interests questionnaire

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...

9th Nov

Practice notes

Double funding

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...

9th Nov

Practice notes

Sub-sales and assignments

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...

9th Nov

Precedents

Landlord’s Section 45 Counter—notice to Tenant s 42 Notice

Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...

9th Nov

Most recent Environment, energy and buildings content

Practice notes

Permitted development rights for renewable energy technologies

The Town and Country Planning (General Permitted Development Order) 1995, SI 1995/418 (in Wales) and the Town and Country Planning (General Permitted...

27th Jan

Q&As

Is there any guidance or information that confirms whether or not a waste transfer system would require an energy performance certificate, ie would a waste transfer system benefit from the exemption for industrial sites and workshops with low energy demands?

Under the Energy Performance of Buildings (England and Wales) Regulations 2012 (EC Regs 2012), SI 2012/3118, an energy performance certificate (EPC)...

26th Jan

Q&As

What if a seller has purchased CRC allowances that haven't been surrendered?

What if a seller has purchased CRC allowances that haven't been surrendered?As a result of the prospective sale of part or all of his undertaking, a...

Produced in partnership with Noy Trounson of DLA Piper 26th Jan

Practice notes

Green Deal—issues for the private rented sector

The Green DealThe Green Deal is a scheme, originally designed by the government, now backed by private investors, that enables landlords and tenants...

26th Jan

Precedents

DDQ—CRC questions [Archived]

1Please provide full details of the Company’s compliance with the CRC Energy Efficiency Scheme (the initial phase: 1 April 2014 – 31 March 2019) (CRC...

26th Jan

Practice notes

Energy Savings Opportunity Scheme (ESOS)—ESOS assessment, reporting and compliance

ESOS is an energy assessment and energy savings scheme. It is mandatory for organisations that meet the qualification criteria, ie large undertakings...

Produced in partnership with Ramboll Environ 26th Jan

Practice notes

CRC Initial Phase (Phase 2)—issues in corporate transactions

The CRC Energy Efficiency SchemeThe CRC Energy Efficiency Scheme (CRC Scheme) was a mandatory UK-wide emissions trading scheme in the UK that aimed to...

Produced in partnership with Angus Evers of Shoosmiths 26th Jan

Practice notes

CRC Initial Phase (Phase 2)—public sector organisation rules

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme was a mandatory emissions trading scheme in the UK that aimed to cut carbon dioxide...

26th Jan

Practice notes

Green Deal—finance

The Green DealThe Green Deal is a scheme, originally designed by the government, now backed by private investors, that enables landlords and tenants...

26th Jan

Practice notes

Green Deal—installers

The Green DealThe Green Deal is a scheme, originally designed by the government, now backed by private investors, that enables landlords and tenants...

26th Jan

Practice notes

Green Deal—providers

The Green DealThe Green Deal is a scheme, originally designed by the government, now backed by private investors, that enables landlords and tenants...

26th Jan

Practice notes

Energy Company Obligation (ECO)—key features of ECO1 and ECO2 [Archived]

Energy Company Obligation (ECO) replaces Carbon Emissions Reduction Target (CERT) and Community Energy Saving Programme (CESP)The Energy Company...

26th Jan

Practice notes

Green Deal—measures

The Green DealThe Green Deal is a scheme, originally designed by the government, now backed by private investors, that enables landlords and tenants...

26th Jan

Practice notes

Energy Savings Opportunity Scheme (ESOS)—how does ESOS interact with other energy regimes and climate policies?

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with Shoosmiths LLP 26th Jan

Practice notes

CRC Initial Phase (Phase 2)—reporting

The CRC Energy Efficiency Scheme (CRC Scheme)The CRC Scheme was a mandatory emissions trading scheme in the UK that aimed to cut carbon dioxide...

26th Jan

Practice notes

Carbon issues for corporate transactions

Increased emphasis on climate change and carbon emissions reduction is affecting corporate transactions. In addition to schemes such as the EU...

26th Jan

Practice notes

Green Deal—assessors and advisors

The Green DealThe Green Deal is a scheme, originally designed by the government, now backed by private investors, that enables landlords and tenants...

26th Jan

Practice notes

Energy Savings Opportunity Scheme (ESOS)—qualification and organisational structures

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with King & Wood Mallesons 26th Jan

Practice notes