Agreements for lease

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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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9th Nov
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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9th Nov
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
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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9th Nov
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...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
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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9th Nov
Practice notes
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...
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9th Nov
Practice notes
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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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
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 Agreements for lease content

Practice notes
The tenant will appoint its own surveyor and other consultants to monitor the construction works and to represent the tenant’s interest in relation to...
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29th Nov
Practice notes
An inherent defect may become apparent several years after the tenant has taken over the property. This may be long after:•the building contractor’s...
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29th Nov
Practice notes
Rescission can either mean a contract is discharged by breach, or that a contract is treated as if it never existed—known as rescission ab initio....
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29th Nov
Practice notes
A developer has a far greater prospect of securing both:•development finance from a funder to fund the costs of development works, and•a commitment...
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29th Nov
Practice notes
An agreement for lease is required where the landlord and tenant cannot enter immediately into the lease itself, but need to know that the other party...
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29th Nov
Q&As
An agreement for lease is a contract relating to the grant of a lease and is commonly used where there are various matters that need to be dealt with...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
The starting point is that the benefit of a contract can be assigned to a third party. To this there are a number of immediate exceptions:•first if...
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29th Nov
Q&As
An agreement for lease is required where the landlord and tenant cannot enter immediately into the lease itself, but need to know that the other party...
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29th Nov
Precedents
date [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
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29th Nov
Q&As
We do not have a Precedent clause providing for a tenant to bear uninsured losses, but if uninsured damage is not excluded from the tenant's repairing...
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29th Nov
Q&As
An agreement for lease is a contract and it will be freely assignable unless it contains an express prohibition on assignment. Most commercial...
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29th Nov
Q&As
Secure tenanciesSection 79 of the Housing Act 1985 (HA 1985) defines when a tenancy will be a secure tenancy. HA 1985, s 79(1) provides:‘A tenancy...
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Produced in partnership with Alex Campbell of Arden Chambers 29th Nov

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