Property insolvency

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Practice notes
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
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19th May
Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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19th May
Practice notes
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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19th May
Practice notes
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...
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19th May
Q&As
Should an indemnity covenant in a transfer deed (TR1) require the transferee to indemnify 'the transferor's estate and effects' as well as the...
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19th May
Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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19th May
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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19th May
Practice notes
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) came into force on 1 January 1997. Under it:•the trust for sale is replaced by...
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19th May
Practice notes
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...
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19th May
Practice notes
Whether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern leases contain an express covenant...
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19th May
Practice notes
What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
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19th May
Practice notes
This Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including priority searches (OS1...
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19th May
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered address is at]...
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19th May
Q&As
Is a standard Form N the best restriction to enter when a person has a beneficial interest in land owned in joint names and wants to avoid...
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19th May
Practice notes
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...
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19th May
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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19th May

Most recent Property insolvency content

Precedents
Contract for sale—sale by trustee in bankruptcy or by bankrupt co-owner incorporating the Standard Conditions of Sale (Fifth Edition)date...
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5th Jun
Precedents
Contract for sale—sale by mortgagee incorporating the Standard Commercial Property Conditions (Third Edition)Coronavirus (COVID-19): the coronavirus...
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5th Jun
Q&As
Where a tenant needs to serve a break notice under a lease, but an LPA receiver has been appointed over the landlord's interest, who should the notice...
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5th Jun
Q&As
A foreign company is the registered proprietor of property in England. The company has been dissolved. Who owns the property following the dissolution...
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5th Jun
Practice notes
Security reviews—an introductionThe Corporate Insolvency and Governance Act 2020 (CIGA 2020) and Coronavirus (COVID-19): CIGA 2020 and changes to...
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4th Jun
Precedents
Panel 4—Transferor [insert name of the registered proprietor] in administration) (the ‘Transferor’) acting by [any one of] its...
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26th Sep
Precedents
LR prescribed lease clauses Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency...
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26th Sep
Precedents
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and...
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26th Sep
Precedents
Panel 4—Transferor [insert name of debtor and other registered proprietor[s]]. Panel 11—Additional provisions I [insert name...
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26th Sep
Precedents
Transfer clauses—sale by liquidator Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency...
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26th Sep
Precedents
Panel 4—Transferor [insert name of the registered proprietor] (in administrative receivership[ and also in liquidation]) (the...
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26th Sep
Precedents
Transfer clauses—sale by LPA or fixed charge receiver Panel 4—Transferor [insert name of the registered proprietor][(in...
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26th Sep
Precedents
1 Wording for use where property is subject to LPA or fixed charge receivership The Property is being sold by [a OR joint] fixed...
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26th Sep
Precedents
Panel 4—Transferor [insert name of trustee in bankruptcy] who is the trustee in bankruptcy of [insert name of registered proprietor...
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26th Sep

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