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Property weekly highlights—15 April 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—15 April 2021

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Court refuses to imply term regarding timescale for service of break notice (Wigan BC v Scullindale Global Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Court refuses to imply term regarding timescale for service of break notice (Wigan BC v Scullindale Global Ltd)

Restructuring plan meetings convened on tight timetable in face of strong landlord opposition (Re Virgin Active Holdings Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on Restructuring plan meetings convened on tight timetable in face of strong landlord opposition (Re Virgin Active Holdings Ltd)

Featured Property content

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

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...

Practice notes

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...

9th Nov

Practice notes

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...

9th Nov

Precedents

Specific clauses for transfers—indemnity covenant

Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...

9th Nov

Practice notes

Easements—actionable interference

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...

9th Nov

Practice notes

Guide to reviewing certificate of title

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...

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

Precedents

Template completion statement—sale

An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...

9th Nov

Precedents

Grant of a right for overhanging eaves

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...

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

Insolvency—fixed charge receivership

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...

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

Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...

9th Nov

Practice notes

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....

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 Energy and renewable apparatus in buildings content

Q&As

I act for a buyer purchasing a commercial property subject to a commercial lease. The lease is dated 2016 and the term is continuing. The energy performance certificates (EPC) rating of the property is an 'F'. Is the continuing letting of this property unlawful because of the EPC rating?

It is assumed that the query relates to England and Wales.Minimum energy efficiency requirements for domestic and non-domestic properties enacted...

12th Apr

Practice notes

CRC Initial Phase (Phase 2)—corporate structures

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

Produced in partnership with Angus Evers of Shoosmiths 9th Apr

Practice notes

CRC Initial Phase (Phase 2)—trading and surrendering allowances

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...

9th Apr

Practice notes

CRC Initial Phase (Phase 2)—issues in restructuring and insolvency

Restructuring and insolvency professionals may find themselves working with businesses with obligations under the CRC Energy Efficiency Scheme (CRC...

9th Apr

Practice notes

CRC Initial Phase (Phase 2)—qualification and registration

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

9th Apr

Practice notes

CRC—key changes

The Carbon Reduction Commitment Energy Efficiency Scheme (CRC) was a mandatory UK-wide trading scheme intended to incentivise large organisations to...

9th Apr

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 9th Apr

Practice notes

CRC Initial Phase (Phase 2)—reporting

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

9th Apr

Practice notes

CRC Initial Phase (Phase 2)—compliance and enforcement

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

9th Apr

Practice notes

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

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

9th Apr

Practice notes

CRC Initial Phase (Phase 2)—issues for property lawyers

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

9th Apr

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...

9th Apr

Practice notes

Energy Performance of Buildings Directive (recast)—snapshot

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...

8th Apr

Practice notes

Feed-in tariff (FiT)—key features

Key legislation, licences and guidanceLegislation:The key legislation that underpins the Feed-in Tariff (FiT) scheme is the:Feed-in Tariffs Order 2012...

8th Apr

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...

8th Apr

Practice notes

Power purchase agreements (PPAs)—key terms and issues

What is a power purchase agreement?A power purchase agreement (PPA) is a contract between an electricity generator (generator) and the party who is...

Produced in partnership with Pinsent Masons 8th Apr

Practice notes

Energy performance certificates (EPCs)—what are they and when are they required?

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...

7th Apr

Practice notes

Renewable Heat Incentive (RHI) (non-domestic)—key features

This Practice Note introduces the background to the non-domestic Renewable Heat Incentive (RHI) and the Renewable Heat Incentive Scheme Regulations...

Produced in partnership with James Shepherd of Clifford Chance 29th Mar

Practice notes

Renewable Heat Incentive (domestic)

What is the Renewable Heat Incentive (RHI)?The RHI is a government scheme in Great Britain, that provides financial incentives to increase the uptake...

29th Mar

Practice notes

Third party access to private electricity networks

Access to electricity networksHistorically, successive packages of UK and, prior to the UK’s withdrawal from the EU, European legislation have driven...

Produced in partnership with Matthew Collinson of Igloo Energy 29th Mar