Property insolvency

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Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
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
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
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...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
Precedents
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
Practice notes
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
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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
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...
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9th Nov

Most recent Property insolvency content

Q&As
When a bankruptcy order is made, a bankrupt’s property normally automatically vests in the Official Receiver/trustee in bankruptcy. However, property...
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22nd Jan
Q&As
It is assumed that the company was dissolved by way of the voluntary striking off procedure or the Registrar of Companies’ powers to strike off a...
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22nd Jan
Q&As
A rent review is a process agreed by a landlord and a tenant in a rent review clause in their lease whereby a party (usually a landlord) can send a...
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Produced in partnership with Alexander Stewart of Hogarth Chambers 22nd Jan
Q&As
Administration is a form of insolvency with a view to the rescuing by the administrator of the company as a going concern or getting a better outcome...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
A charging order is a means of securing a debt against a property, which must be approved by the court.Where a management company obtains a judgment...
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Produced in partnership with Mark O’Grady of Lamb Chambers 22nd Jan
Q&As
It is assumed that the insolvency provisions referred to are an express provision in the lease permitting the landlord to forfeit the lease on the...
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Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan
Q&As
Mortgagee's power of saleA legal mortgagee has a right to sell the property, free from the mortgagor's interest. However, this statutory power can be...
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22nd Jan
Q&As
The appointment of an LPA is a remedy available to a mortgagee seeking to recover sums due under the mortgage granted in their favour. The LPA...
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22nd Jan
Practice notes
On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) came into force, see News Analysis: Corporate Insolvency and Governance...
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22nd Jan
Practice notes
This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal insolvency. It assumes that the...
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22nd Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Simon Passfield of Guildhall Chambers 19th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th Jan

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