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Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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28th Oct
Practice notes
What is a friendly society?There has been a system of registration, and with it regulation, of friendly societies since the enactment of the first...
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Produced in partnership with John Gilbert of Hogan Lovells International LLP 27th Oct
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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22nd Oct
Practice notes
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...
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26th Sep
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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26th Sep
Practice notes
Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...
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26th Sep
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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25th Sep
Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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25th Sep
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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25th Sep
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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25th Sep
Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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25th Sep
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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25th Sep
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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25th Sep
Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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25th Sep

Most recent Leasing property content

Precedents
I [name of declarant] of [address] do solemnly and sincerely declare that—1[I have OR [name of tenant] has] a tenancy of premises at [address of...
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2nd Sep
Precedents
1Construction Industry Scheme—for use where the landlord’s contribution is a reverse premiumThe Landlord and Tenant acknowledge that the Landlord’s...
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2nd Sep
Practice notes
Time limits and delaysThe time limits for the various stages of the Landlord and Tenant Act 1987 (LTA 1987) procedures can seriously delay the...
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25th Sep
Practice notes
A landlord may be able to resist a tenant's claim to the freehold or an extended lease of a house under the Leasehold Reform Act 1967 (LRA 1967) where...
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25th Sep
Practice notes
Any lawful subtenant may acquire the freehold or an extended lease of a house under Leasehold Reform Act 1967 (LRA 1967), Sch 1, regardless of the...
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25th Sep
Practice notes
The landlord must serve their counter-notice by the date specified in the initial notice. The counter-notice must:•admit the participating tenants'...
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25th Sep
Practice notes
Leasehold Reform Act 1967 (LRA 1967) and Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gave long leasehold tenants an...
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25th Sep
Practice notes
Compulsory acquisition of landlord's interestAn acquisition order under Part III of the Landlord and Tenant Act 1987 (LTA 1987), entitles certain long...
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25th Sep
Practice notes
The RTM companyThe right to manage can only be acquired and subsequently exercised by a right to manage company (RTM company). This must be a private...
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25th Sep
Practice notes
Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...
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25th Sep
Practice notes
Mandatory and optional leasebacksThe nature of the collective right of enfranchisement is such that it may be exercised in relation to premises...
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25th Sep
Practice notes
Validity of initial noticeIf the reversioner disputes the right of the participating tenants to serve an initial notice, that dispute can be referred...
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25th Sep
Practice notes
The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) sets down the elements of the freeholder’s costs that can be recovered from...
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25th Sep
Practice notes
The landlord's counter-notice—time-limits and contentThe landlord must serve its counter-notice (also known as a s 45 notice) by the date specified in...
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25th Sep
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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25th Sep
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Standard Conditions of...
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25th Sep
Practice notes
Break clauses—commercial importanceCommercially, the break clause is likely to be a key clause for a tenant to give it flexibility. Failure to comply...
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25th Sep
Practice notes
Marriage value and hope value‘Marriage value’ is the increase in value that occurs where a tenant acquires the freehold, as a result of which the full...
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25th Sep
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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25th Sep
Practice notes
Pre-conditions—planning permissionIf the pre-letting agreement (the PLA) is conditional upon one of the parties (usually the landlord) obtaining...
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25th Sep

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