Property insolvency

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The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

Property weekly highlights—13 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Featured Property content

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...

Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...

Practice notes

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...

9th Nov

In-house

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

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

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

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

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

Precedents

Deed of grant of easements

This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...

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

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

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

Quistclose trusts

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...

9th Nov

Practice notes

Benevolent funds

A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...

9th Nov

Practice notes

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...

9th Nov

Practice notes

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

9th Nov

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Most recent Property insolvency content

Practice notes

Accepting a surrender from an insolvent tenant

Accepting a surrender from an insolvent tenantAccepting a surrender can be the quickest way for a landlord to regain possession of the premises from...

15th May

Practice notes

Insolvency for property disputes lawyers

Insolvency for property disputes lawyersCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...

15th May

Practice notes

Obtaining a charging order over land

Obtaining a charging order over landThis Practice Note sets out the circumstances in which a charging order over property may be obtained under the...

15th May

Practice notes

Reform of UK insolvency laws

Reform of UK insolvency lawsBackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at...

15th May

COVID-19

Practice notes

Effect of the debtor's death on an insolvency process

Effect of the debtor's death on an insolvency processWhat happens when a debtor dies?A person may die insolvent. Their estate will be insolvent where...

Produced in partnership with David Nicholls of Landmark Chambers 15th May

Practice notes

Winding-up a general partnership as an unregistered company

Winding-up a general partnership as an unregistered companyThis Practice Note looks at the winding-up of an insolvent partnership as an unregistered...

Produced in partnership with Natasha Dzameh of St John's Chambers 15th May

Practice notes

Best price reasonably obtainable—what it means for receivers

Best price reasonably obtainable—what it means for receiversThe receiver’s dutyThe duty owed by a receiver to a mortgagor when selling a property is...

Produced in partnership with Steve Innes of 4 New Square 15th May

Practice notes

Debt relief orders (DROs)

Debt relief orders (DROs)IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

Produced in partnership with Simon Passfield of Guildhall Chambers 15th May

Practice notes

Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions

Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitionsWhat is the background to the...

15th May

COVID-19

Practice notes

Voluntary arrangement of general partnerships

Voluntary arrangement of general partnershipsIn addition to the better-known company voluntary arrangements (CVAs) and individual voluntary...

Produced in partnership with Phillip Patterson of Hardwicke Chambers 15th May

Practice notes

Liability for business rates in insolvency

Liability for business rates in insolvencyCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details,...

15th May

Practice notes

Pre-packs—landlords’ issues and remedies

Pre-packs—landlords’ issues and remediesCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...

15th May

Practice notes

Social housing administration

Social housing administrationInsolvency of private not-for-profit registered providers of social housingThe social housing sector in England is...

Produced in partnership with Eleanor James of Trowers & Hamlins LLP 15th May

Practice notes

Retail sector insolvency—use of CVAs

Retail sector insolvency—use of CVAsIntroduction to company voluntary arrangements (CVAs)A CVA is a tool available to a company in financial...

Produced in partnership with Cathryn E Williams of Crowell & Moring LLP 15th May

Practice notes

Pre-pack administration—connected person sales

Pre-pack administration—connected person salesA pre-pack administration sale is a sale of a company’s business or assets, or both, which has been...

15th May

Practice notes

What is a statutory demand?

What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...

15th May

Practice notes

Corporate Insolvency and Governance Act 2020—restructuring plan provisions

Corporate Insolvency and Governance Act 2020—restructuring plan provisionsSpurred on by the coronavirus (COVID-19) pandemic, the government pushed...

15th May

COVID-19

Practice notes

Guide to insolvency in the retail sector

Guide to insolvency in the retail sectorThis Practice Note provides a brief summary of the retail landscape and highlights some of the key legal and...

Produced in partnership with Carolyn Jones 15th May

COVID-19

Practice notes

Administration sales involving property—process and options for a buyer

Administration sales involving property—process and options for a buyerReal estate often forms part of the assets of an insolvent company to be sold...

Produced in partnership with Tim Carter of Stevens & Bolton LLP 15th May

Practice notes