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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
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
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...
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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
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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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
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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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 Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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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
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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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
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Insurance and leases content

Practice notes
Unlike conventional perils such as fire or flood, an outbreak of a virus cannot so easily be located at a particular place and time. The 2020...
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Produced in partnership with James Beeton of 12 King's Bench Walk and Cressida Mawdesley-Thomas of 12 King's Bench Walk 9th Apr
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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8th Apr
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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8th Apr
Practice notes
Agricultural Holdings Act 1986Where a tenancy agreement is governed by the Agricultural Holdings Act 1986, the obligations of the landlord and the...
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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
Practice notes
Even if a specialist subcontractor is not providing any significant degree of design input in relation to its particular element of the developer’s...
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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
Practice notes
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,...
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8th Apr
Practice notes
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,...
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8th Apr
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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8th Apr
Practice notes
Inadequate insurance or service charge provisionsA landlord of a flat lease may covenant to insure or provide other services 'subject to and...
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8th Apr
Practice notes
In some respects, the only real value in any contractual duty under an appointment or obligation under a warranty'>collateral warranty lies in the...
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8th Apr
Practice notes
Insuring the developer’s worksAs between the developer and the tenant, the developer should covenant:•to ensure that the developer’s works are insured...
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8th Apr
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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8th Apr

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