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Latest Property News

SDLT—annuity did not prevent market value rule applying (M&M Builders v HMRC)

The following Private Client news provides comprehensive and up to date legal information on SDLT—annuity did not prevent market value rule applying (M&M Builders v HMRC)

Property weekly highlights—6 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—6 May 2021

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

The following Property news provides comprehensive and up to date legal information on Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

Featured Property content

Sub-sales and assignments

A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...

What is a good and marketable title?

A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...

Easements—nature and characteristics

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...

Practice notes

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...

9th Nov

Practice notes

Insolvency—fixed charge receivership

Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...

9th Nov

Practice notes

Rent suspension or cesser

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...

9th Nov

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Precedents

Template completion statement—sale

An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...

9th Nov

Practice notes

Applying the proceeds of sale

Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...

9th Nov

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...

9th Nov

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....

9th Nov

Precedents

Rent authority letter—commercial property

[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...

9th Nov

Practice notes

Without prejudice and subject to contract

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...

9th Nov

Practice notes

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

9th Nov

Practice notes

Manorial rights

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...

9th Nov

Practice notes

Benevolent funds

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...

9th Nov

Practice notes

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

9th Nov

Practice notes

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

9th Nov

Practice notes

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

9th Nov

In-house

Most recent Leasing property content

Precedents

Long form property management agreement

dated [date]parties1[name of the Company] [of OR incorporated in England and Wales with Company registration number [number] whose registered office...

7th May

Precedents

Short form property management agreement

This agreement is made the [insert date] day of [insert month and year] Between [owners of property] of [insert address] (the ‘Owners’) and [managing...

7th May

Q&As

An agreement entered into in 1964 grants a right of way confirming that the grantee shall ‘peacefully hold and enjoy the benefit’ for the term of the agreement, which is 42 years. The right of way has been used, but the grantee is now facing objections. Can the right constitute a lease of a right of way capable of protection under the Landlord and Tenant Act 1954?

Section 23 of the Landlord and Tenant Act 1954 (LTA 1954) provides: ‘Subject to the provisions of this Act, this Part of this Act applies to any...

Produced in partnership with Desmond Kilcoyne 6th May

Q&As

Does the right of first refusal under the Landlord and Tenant Act 1987 apply if the freehold is transferred for nil value or does there have to be a premium payable?

Under LTA 1987, s 1, a landlord is prohibited from making a relevant disposal affecting any premises to which LTA 1987, Pt I applies without first...

5th May

Q&As

Major works were carried out by the landlord to a commercial unit but not invoiced to the tenant and not recovered as service charge. The lease ended and a new lease was granted to the tenant. Can works that were carried out under the old lease be charged as service charge under the new lease when there are no clauses in the new lease allowing the landlord to claim for services provided during the old lease? Can the tenant be held liable for the works under the old lease once it has expired and no invoice was rendered during the term of the lease?

A commercial lease will often contain provision for the landlord to recover from the tenant the costs of maintaining the premises, for example in...

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

Q&As

Are there any restrictions, requirements or other provisions with regards to the type of company that the tenants can incorporate to exercise a right of first refusal pursuant to Part I of the Landlord and Tenant Act 1987? Will the company hold both beneficial and legal ownership of the freehold property?

The nominated person can be any legal person who is nominated by the requisite majority of qualifying tenants of the constituent flats.Hence, it does...

Produced in partnership with Carl Fain of Tanfield Chambers 29th Apr

Practice notes

LTA 1954—terms of the renewal lease

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

Produced in partnership with Charlotte Coleman of Winckworth Sherwood 29th Apr

Practice notes

Code for leasing business premises, RICS professional statement 2020

Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...

29th Apr

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

28th Apr

Practice notes

LTA 1954 business lease renewal—termination

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

28th Apr

COVID-19

In-house

Practice notes

Minimum energy efficiency standards (MEES) in the private rented sector—snapshot

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...

28th Apr

Q&As

How will the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 affect tenants?

Tenants should be aware that if their property is rated as being below the required energy efficiency level by 2018, then it is likely that they will...

28th Apr

Q&As

Where a tenant has a business lease protected by Part II of the Landlord and Tenant Act 1954, and also has a contractual option to renew, will the service of a section 26 request prevent the later exercise of the option?

A lease may contain an option to renew, giving the tenant the right to demand a further term on expiry of the existing one. An option to renew is...

28th Apr

Q&As

Will using a landlord break clause in the last year of a commercial lease, have the same effect as contracting out of the Landlord and Tenant Act 1954?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to give security of tenure to tenants occupying premises for the purpose of a business,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Apr

Practice notes

LTA 1954 business lease renewal—proceedings

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

27th Apr

Q&As

A property is being transferred to two beneficiaries of a trust. One of the beneficiaries (party A) will reside at the property and the other (party B) will not. A wants to stay there for five years and B is agreeable to that. A will pay rates/insurance/utilities, but not any rent. In the absence of rent payable, what is the most appropriate way to document this? Would a licence be more appropriate than an assured shorthold tenancy? The intention is to document the occupation but not for A to accrue any additional rights to stay beyond the five-year term.

In a scenario such as this, the legal mechanism to enable the occupation of A matters only in the event of a dispute. If A simply vacates the property...

27th Apr

Q&As

When drafting a contractual licence to occupy, is there any legal issue or risk for either party if the licence period: is expressed to start in the future (say a few days after completion of the licence), or has already expired and the licence is completed to regularise the period of use?

A contractual licence to occupy is a personal contractual agreement allowing the licensee to occupy premises on a non-exclusive basis, usually for a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr

Q&As

If a commercial business tenancy (outside of the Landlord and Tenant Act 1954) is in the name of two landlords and one tenant and the tenant addresses and serves a notice to quit to only one of the landlords, is the notice still valid?

A commercial tenancy within its fixed term can be ended only by mutual agreement (the landlord accepting a surrender), possession proceedings or...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr

Q&As

Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is caught by the minimum energy efficiency standards regulations post 1 April 2018?

This Q&A relates to non-domestic property.Is a periodic tenancy considered a new tenancy at the start of each period so that an existing tenancy is...

27th Apr

Q&As

Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure in respect of business tenancies that fall within its provisions....

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Apr