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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 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
Practice notes
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...
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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
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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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
Precedents
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
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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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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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
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
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
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
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
Precedents
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 Buildings insurance content

Practice notes
Background to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as the Statement of Principles (SoP), in...
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Produced in partnership with Groundsure and Burges Salmon 8th Feb
Practice notes
When does risk pass to the buyer?The fundamental principle which most contracts invariably follow is that risk passes to the buyer on exchange of...
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15th Jan
Practice notes
The Riot Compensation Act 2016 (RCA 2016) creates a new scheme in England and Wales to allow compensation to be claimed for property damaged,...
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15th Jan
Practice notes
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...
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15th Jan
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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15th Jan
Practice notes
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...
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15th Jan
Practice notes
Level of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant where the landlord’s obligation...
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15th Jan
Practice notes
In most commercial leases the landlord effects:•building insurance, and •insurance for loss of rent—for the period it estimates it will take to...
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15th Jan
Practice notes
This Practice Note discusses a tenant’s considerations when negotiating insurance provisions in a rack rent commercial lease. It identifies key...
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15th Jan
Practice notes
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,...
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15th Jan
Practice notes
Insured risksIt is in the tenant’s interests to ensure the landlord covenants to insure against as comprehensive a range of risks as possible as:•an...
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15th Jan
Practice notes
Who insures?Whenever practical a tenant's solicitor should propose that the premises are insured in the joint names of the landlord and the tenant....
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15th Jan
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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15th Jan
Practice notes
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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Produced in partnership with Argyll Environmental and Burges Salmon 15th Jan
Q&As
In any commercial lease it is important that provision is made for the insurance of the building. The obligation may be by way of a tenant’s covenant...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Practice notes
Duty of 'fair presentation'Under the Insurance Act 2015, s 3 (IA 2015), the insured has a duty to make a 'fair presentation' of the risk to the...
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22nd Dec
Q&As
We do not have a Precedent clause providing for a tenant to bear uninsured losses, but if uninsured damage is not excluded from the tenant's repairing...
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29th Nov
Practice notes
Most modern commercial leases, and many residential ones, place an obligation on the tenant to pay 'insurance rent' and on the landlord to insure the...
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29th Nov
Practice notes
Pool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early 1990s in London and elsewhere...
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29th Nov
Precedents
1 Tenant's obligation to insure The Tenant covenants with the Landlord to insure the Property and keep it insured, against...
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26th Sep

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