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Latest Property News

Rent repayment order can only be sought against immediate landlord, not superior landlord (Rakusen v Jepsen)

The following Property Disputes news provides comprehensive and up to date legal information on Rent repayment order can only be sought against immediate landlord, not superior landlord (Rakusen v Jepsen)

Leasehold reform—Ground Rent Bill gains some much needed clarity

The following Property Disputes news provides comprehensive and up to date legal information on Leasehold reform—Ground Rent Bill gains some much needed clarity

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Featured Property content

Deed of variation of lease

This DEED is made on [date]Parties1[Insert name] [of [insert address] OR incorporated in England and Wales with company registration number [insert...

Energy Performance Certificates (EPCs) for commercial property in Scotland

Energy Performance Certificates (EPCs) for commercial property in ScotlandHow do EPCs apply to commercial property in Scotland?This Practice Note...

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

There does not appear to be any evidence that an employee of the chargee cannot witness the chargor’s signature.Practice Note: Property deeds—use and...

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...

Practice notes

The ‘ad medium filum’ rule

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...

19th May

Precedents

Contract for sale—freehold vacant possession conditional on planning incorporating the Standard Commercial Property Conditions (Third Edition)

date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...

19th May

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

19th May

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...

19th May

Practice notes

Tacit relocation in commercial leases in Scotland

In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...

Produced in partnership with Kenneth S Gerber of Mitchells Roberton 19th May

Scottish Law

Q&As

What happens to an under lease/sub-lease when the landlord of the under lease lawfully assigns the head lease to the tenant of the under lease so that the tenant of the under lease in effect becomes the tenant of the superior landlord as he has been assigned the head lease? Is the under lease automatically extinguished or does it merge with the head lease?

What is merger?A lease terminates as a result of merger when both the lease and the reversion of that lease become vested in the same person—see Rye v...

19th May

Practice notes

Tenant’s insurance issues—rent suspension

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...

19th May

Practice notes

Is the agreement a grazing licence or farm business tenancy?

Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...

19th May

Practice notes

Trusts of Land and Appointment of Trustees Act 1996

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...

19th May

Q&As

A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the transferor’s retained land. If the transferor in practice maintains that fence for over 30 years and pays all related costs, does this prevent the transferor from then enforcing the covenant? Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan?

A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

Lease surrenders

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...

19th May

Precedents

Promotion agreement

Date: [date]Parties1[name of Owner] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...

19th May

Practice notes

Service charges in commercial property—summary of the third edition of the service charge code [Archived]

ARCHIVED: The third edition of the Royal Institution of Chartered Surveyors (RICS) Code of Practice ‘Service charges in commercial property’ (and all...

19th May

Practice notes

Merger of freehold and leasehold titles—law and land registration procedure

Merger may determine a lease when both the lease and the reversion on that lease become vested in the same person and that person holds both interests...

19th May

Practice notes

Collateral security—general

The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...

19th May

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...

19th May

Most recent Buildings insurance content

Practice notes

Insurance—a practical lease negotiation guide

Insurance—a practical lease negotiation guideThis Practice Note discusses considerations for landlords and tenants when negotiating insurance...

2nd Aug

Q&As

Do you have a Precedent for a clause in a lease requiring a tenant to bear uninsured losses?

Do you have a Precedent for a clause in a lease requiring a tenant to bear uninsured losses?We do not have a Precedent clause providing for a tenant...

1st Aug

Practice notes

Insurance—duty of disclosure

Insurance—duty of disclosureDuty of 'fair presentation'Under the Insurance Act 2015, s 3 (IA 2015), the insured has a duty to make a 'fair...

1st Aug

Q&As

Can a landlord back-date insurance demands for a commercial tenant going back eight or nine years if lease is silent?

Can a landlord back-date insurance demands for a commercial tenant going back eight or nine years if lease is silent?In any commercial lease it is...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Practice notes

Tenants carrying out works—insurance issues

Tenants carrying out works—insurance issuesTenants frequently carry out fit-out works at (or often prior to) the start of a lease and may also carry...

31st Jul

Practice notes

Entitlement to insurance money

Entitlement to insurance moneyMost modern commercial leases, and many residential ones, place an obligation on the tenant to pay 'insurance rent' and...

31st Jul

Practice notes

Buildings insurance—subrogation rights and waivers

Buildings insurance—subrogation rights and waiversThe principle of subrogationSubrogation is the right of an insurer, once it has made payment to its...

31st Jul

Practice notes

Tenant’s insurance issues—payment

Tenant’s insurance issues—paymentLevel of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant...

31st Jul

Practice notes

Insuring against terrorist risks

Insuring against terrorist risksPool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early...

31st Jul

Practice notes

Differences—joint insured and noting

Differences—joint insured and notingJoint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same...

31st Jul

Practice notes

Tenant’s insurance issues—who insures and what is insured?

Tenant’s insurance issues—who insures and what is insured?Who insures?Whenever practical a tenant's solicitor should propose that the premises are...

31st Jul

Practice notes

Flood reinsurance—the Flood Re scheme

Flood reinsurance—the Flood Re schemeBackground to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as...

Produced in partnership with Groundsure and Burges Salmon 31st Jul

Practice notes

Buyer’s contract negotiation guide—insurance and risk

Buyer’s contract negotiation guide—insurance and riskWhen does risk pass to the buyer?The fundamental principle which most contracts invariably follow...

31st Jul

Practice notes

Insurance—non-vitiation (non-invalidation) clauses

Insurance—non-vitiation (non-invalidation) clausesVitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the...

31st Jul

In-house

Practice notes

Flood insurance—overview of the market

Flood insurance—overview of the marketIntroduction to flood insuranceThe property, legal and financial markets are becoming increasingly sensitive to...

Produced in partnership with Argyll Environmental and Burges Salmon 31st Jul

Practice notes

Tenant’s insurance issues—rent suspension

Tenant’s insurance issues—rent suspensionNo suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance....

31st Jul

Practice notes

The Riot Compensation Act 2016

The Riot Compensation Act 2016The Riot Compensation Act 2016 (RCA 2016) creates a new scheme in England and Wales to allow compensation to be claimed...

31st Jul

Practice notes

Tenant’s insurance issues—risks

Tenant’s insurance issues—risksInsured risksIt is in the tenant’s interests to ensure the landlord covenants to insure against as comprehensive a...

31st Jul

Practice notes

Uninsured damage or loss—leases

Uninsured damage or loss—leasesIn most commercial leases the landlord effects:•building insurance, and •insurance for loss of rent—for the period it...

30th Jul

Precedents

Tenant’s insurance clause for use in property transactions

1 Tenant's obligation to insure The Tenant covenants with the Landlord to insure the Property and keep it insured, against...

26th Sep

Buildings insurance

View Property by content type:

Latest Property News

Rent repayment order can only be sought against immediate landlord, not superior landlord (Rakusen v Jepsen)

Leasehold reform—Ground Rent Bill gains some much needed clarity

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Featured Property content

Deed of variation of lease

Energy Performance Certificates (EPCs) for commercial property in Scotland

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

Authorised guarantee agreements

Most recent Buildings insurance content

Popular documents

Form of transfer of shares

Reversionary lease by reference

Negligence—key elements to establish a negligence claim

Involuntary manslaughter

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