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Latest Property News

Property weekly highlights—4 March 2021

Property weekly highlights—4 March 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—4 March 2021

Spring Budget 2021—views from the market

Spring Budget 2021—views from the market

The following Private Client news provides comprehensive and up to date legal information on Spring Budget 2021—views from the market

Factors to consider on a statutory footpath diversion are not exhaustive (The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs)

Factors to consider on a statutory footpath diversion are not exhaustive (The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs)

The following Local Government news provides comprehensive and up to date legal information on Factors to consider on a statutory footpath diversion are not exhaustive (The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs)

Failing to set out basic allegations leads to strike out in insolvency proceedings (Sampathkumar v Wildwood CR)

Failing to set out basic allegations leads to strike out in insolvency proceedings (Sampathkumar v Wildwood CR)

The following Property Disputes news provides comprehensive and up to date legal information on Failing to set out basic allegations leads to strike out in insolvency proceedings (Sampathkumar v Wildwood CR)

Featured Property content

What is a certificate of title?

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

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

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...

The equity of redemption

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...

Title guarantee and covenants for title

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...

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...
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9th Nov
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...
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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...
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9th Nov
Practice notes

Letter/certificate of non-crystallisation in property transactions

What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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9th Nov
Practice notes

Applying the proceeds of sale

Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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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...
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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...
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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...
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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...
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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...
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9th Nov
Practice notes

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...
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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...
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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...
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9th Nov
Practice notes

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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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...
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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...
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9th Nov

Most recent Property insolvency content

Precedents

Contract for sale—sale by administrative receiver incorporating the Standard Commercial Property Conditions (Third Edition)

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
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10th Feb
Precedents

Contract for sale—sale by liquidator incorporating the Standard Commercial Property Conditions (Third Edition)

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
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10th Feb
Precedents

Contract for sale—sale by LPA/fixed charge receiver incorporating the Standard Commercial Property Conditions (Third Edition)

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
Read More >
10th Feb
Precedents

Contract for sale—sale by mortgagee incorporating the Standard Commercial Property Conditions (Third Edition)

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
Read More >
10th Feb
Precedents

Contract for sale—sale by administrator incorporating the Standard Commercial Property Conditions (Third Edition)

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
Read More >
10th Feb
Practice notes

CVAs—landlord issues and remedies

What is a CVA?A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised by an IP (who is known as the...
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8th Feb
Practice notes

Property law aspects of Company Voluntary Arrangements (CVAs)

What is a CVA?A company voluntary arrangement (CVA) is an insolvency process that allows a company to enter into a contractual agreement with...
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Produced in partnership with Matthew Ditchburn and Lien Tran of Hogan Lovells International LLP 3rd Feb
Practice notes

Reform of UK insolvency laws

BackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at real risk of insolvency. Some...
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3rd Feb
tag iconCOVID-19
Practice notes

Winding up a general partnership as an unregistered company

This Practice Note looks at the winding-up of an insolvent partnership as an unregistered company under the Insolvency Partnerships Order 1994 (IPO...
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Produced in partnership with Martha Maher retired barrister of St John’s Chambers 2nd Feb
Practice notes

Accepting a surrender from an insolvent tenant

Accepting a surrender can be the quickest way for a landlord to regain possession of the premises from an insolvent tenant. It circumvents the extra...
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26th Jan
Q&As

Can a landlord forfeit a lease by peaceable re-entry if the tenant is bankrupt, vacated the premises some time ago, and has substantial rent arrears (the lease allows for forfeiture if the tenant is bankrupt)? What are the risks of the landlord doing this? Also, does liability under an authorised guarantee agreement (AGA) cease on surrender of the lease (express or implied) or forfeiture for bankruptcy, or does this come down to the wording used in the AGA?

A tenant who fails to pay the rent will ordinarily find that the landlord forfeits the lease as a result, assuming there is a clause in the lease...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As

An individual co-owns property with their mother by virtue of a trust. The mother is now bankrupt. The mother's beneficial title to the relevant property therefore vests in her trustee in bankruptcy. The individual wishes to acquire their mother's beneficial title from the trustee in bankruptcy and they are agreeable to that arrangement. However, the individual also needs the legal title to be transferred to them to satisfy their lender. Can the trustee transfer the legal title by relying on the provisions in section 283(4) of the Insolvency Act 1986 granting them the power to call for such a transfer as the beneficial owner? The individual, as co-trustee and beneficiary, would consent to such an arrangement.

For the purpose of this Q&A we have assumed that the land is registered and that both parties are registered as joint owners on the legal title....
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22nd Jan
Q&As

If a notice has been entered on the register of a property in relation to an equitable charge created by an interim charging order (no restriction has been entered), can the registered proprietor register a subsequent legal charge over the property? Will the subsequent legal charge have priority over the equitable charge created by the interim charging order?

In response to this Q&A, we have assumed that the registered proprietor is the sole owner of the property, there has not been a transfer of the...
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22nd Jan
Q&As

Can a discharged bankrupt (B) make an application for adverse possession of land where: B was once the registered proprietor of the land but his interest in the land was disclaimed by his Trustee in Bankruptcy during his bankruptcy, and B has remained in occupation of the land since the disclaimer for over ten years?

BankruptcyWhile this Q&A mentions both undischarged and discharged bankrupt, we have focused on ‘discharged’. We have also assumed that this Q&A is...
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22nd Jan
Q&As

A tenant has entered into a company voluntary arrangement (CVA) and is consequently paying 50% of the contractual rent under the CVA. At the same time they are negotiating a new commercial lease regulated by the Landlord and Tenant Act 1954. Will an application made to the court adversely affect the amount of rent the tenant is paying? Also the landlord is entitled to give nine months notice under the CVA to bring the lease to an end. Can they still do this after protective proceedings have been commenced by the tenant?

Where a tenant company enters into a company voluntary arrangement (CVA), there are a number of restrictions upon the ability of the landlord to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As

Where a landlord holds money on trust for a tenant pursuant to a rent deposit deed and a tenant goes into liquidation prior to the landlord drawing down on the rent deposit deed in accordance with the deed for arrears in rent existing prior to liquidation, do the sums forming the deed form part of the liquidation and will the landlord become an unsecured creditor for outstanding rent?

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 non-payment of rent and other...
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22nd Jan
Q&As

What is the position whereby the guarantor of an authorised guarantee agreement has been dissolved and the lease is silent?

When a company is dissolved, all property and rights vested in or held on trust for a company immediately before dissolution are deemed to be bona...
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22nd Jan
Q&As

If property is held on the basis of a joint tenancy by two individuals and an interim charging order is issued against the interest of one of the joint tenants, does this sever the joint tenancy? Is so, how would the beneficial interests be held following the court order, and in what proportions?

An interim charging order creates an immediate, albeit defeasible, charge over a judgment debtor’s property. The charge takes effect from the date of...
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Produced in partnership with Anna Metcalfe of St Philips Chambers 22nd Jan
Q&As

Can you apply for security by way of a charging order over land against an individual who is the beneficiary, to said property, under a Will?

Until the property is vested in the beneficiary, the trustees hold on a bare trust and the beneficiary would have a mere equitable interest.Of course,...
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22nd Jan
Q&As

Where a private individual who has guaranteed a commercial lease dies, would the landlord have a claim against the guarantor’s estate for rent arrears? Would this be in addition to any claim they would have against the previous tenant under an authorised guarantee agreement and could the landlord choose which party to pursue in preference to the other?

It is commonplace for the landlord of a commercial tenant to require a guarantee in respect of the obligations under the lease. This is particularly...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Popular documents

LEXISNEXIS

Contractual damages—pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual

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Fraud by false representation

Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006

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Foreign exchange (FX) derivatives

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Issue of redeemable shares

A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without