Insurance and leases

View Property by content type:

Latest Property News

Featured Property content

Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
Read More >
19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
Read More >
19th May
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...
Read More >
19th May
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...
Read More >
19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
Read More >
19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
Read More >
19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
Read More >
Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
Read More >
19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
Read More >
19th May
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...
Read More >
19th May
Practice notes
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...
Read More >
19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
Read More >
19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
Read More >
19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
Read More >
Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
Read More >
19th May

Most recent Insurance and leases content

Practice notes
Coronavirus (COVID-19)—business interruption insurance claims after the FCA test caseBusiness interruption insurance is typically sold as an extension...
Read More >
2nd Sep
Practice notes
Coronavirus (COVID-19)—FCA non-damage business interruption insurance test caseUnlike conventional perils such as fire or flood, an outbreak of a...
Read More >
Produced in partnership with James Beeton of 12 King's Bench Walk and Cressida Mawdesley-Thomas of 12 King's Bench Walk 12th Aug
Practice notes
Flood reinsurance—the Flood Re schemeBackground to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as...
Read More >
Produced in partnership with Groundsure and Burges Salmon 12th Aug
Practice notes
Agricultural tenancies—repair, maintenance and insurance obligationsAgricultural Holdings Act 1986Where a tenancy agreement is governed by the...
Read More >
11th Aug
Q&As
How would one 'follow the contracting out process without prejudice to the primary position' of granting a licence?It is not unusual for parties to...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug
Practice notes
Uninsured damage or loss—leasesIn most commercial leases the landlord effects:•building insurance, and •insurance for loss of rent—for the period it...
Read More >
10th Aug
Practice notes
Insurance—non-vitiation (non-invalidation) clausesVitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the...
Read More >
10th Aug
Practice notes
Insurance—a practical lease negotiation guideThis Practice Note discusses considerations for landlords and tenants when negotiating insurance...
Read More >
10th Aug
Practice notes
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...
Read More >
10th Aug
Practice notes
Tenant’s insurance issues—paymentLevel of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant...
Read More >
9th Aug
Practice notes
Residential flat schemes—insurance, service charge and repair issuesInadequate insurance or service charge provisionsA landlord of a flat lease may...
Read More >
9th Aug
Practice notes
Insuring against terrorist risksPool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early...
Read More >
9th Aug
Q&As
Do you have a precedent clause dealing with damage by an insured risk?Our Lexis®PSL Property Precedent: Lease of whole building deals with insured and...
Read More >
1st Aug
Q&As
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...
Read More >
1st Aug
Q&As
Can a landlord insist on a contribution of 50% of costs of repair work to a roof when the roof collapsed? This should have been covered by insurance...
Read More >
Produced in partnership with Kate Andrews of Hamlins 1st Aug
Practice notes
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...
Read More >
31st Jul
Practice notes
Entitlement to insurance moneyMost modern commercial leases, and many residential ones, place an obligation on the tenant to pay 'insurance rent' and...
Read More >
31st Jul
Practice notes
Buildings insurance—subrogation rights and waiversThe principle of subrogationSubrogation is the right of an insurer, once it has made payment to its...
Read More >
31st Jul

Popular documents