Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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...
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...
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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...
Compulsory acquisition of landlord's interestAn acquisition order under Part III of the Landlord and Tenant Act 1987 (LTA 1987), entitles certain long...
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...
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...
Validity of initial noticeIf the reversioner disputes the right of the participating tenants to serve an initial notice, that dispute can be referred...
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...
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...
Break clauses—commercial importanceCommercially, the break clause is likely to be a key clause for a tenant to give it flexibility. Failure to comply...
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...
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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