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...
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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...
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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...
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
Tenants frequently carry out fit-out works at (or often prior to) the start of a lease and may also carry out refurbishment or further fit-out works...
Insuring the developer’s worksAs between the developer and the tenant, the developer should covenant:•to ensure that the developer’s works are insured...
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
If there is no express provision on insurance in the agreement for lease then, under open contract:•neither party is obliged to insure the property,...
Level of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant where the landlord’s obligation...
Usually a lease provides that in the event of damage or destruction, such that the tenant is unable to occupy or trade from the property or access it,...
The principle of subrogationSubrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy,...
Sign-in
Help
COVID-19
