Agreements for lease

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Latest Property News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

The following Private Client news provides comprehensive and up to date legal information on SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Featured Property content

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...

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...

Option agreements—the need for a long-stop date

Call options are frequently used by developers to secure a right to buy land if planning permission is obtained. Taking an option provides the...

Epitome of title

Relating to [freehold OR leasehold] pro...

Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...

19th May

Precedents

Disclosable overriding interests questionnaire

You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...

19th May

Precedents

Deed of grant of easements

This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...

19th May

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]...

19th May

Practice notes

How unincorporated associations hold property

What is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an association of persons bound together by...

19th May

Practice notes

Apportioning service charge and transferring sinking funds

Apportioning service charge—the standard conditionsIn sales of investment properties where there are often many occupational tenancies with rental,...

19th May

Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the...

19th May

Practice notes

Guide to reviewing certificate of title

Guide to reviewing certificate of titleCoronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to...

19th May

Practice notes

Dealing with rights of access in property transactions—Scotland

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...

Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Scottish Law

Practice notes

Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership

Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...

19th May

Practice notes

Long leases—mortgage cure rights

A ‘mortgage cure’ clause (or ‘mortgagee protection’ clause) provides some protection to lenders in relation to the landlord’s rights to forfeit a...

19th May

Practice notes

Service occupancy or tenancy?

An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those...

19th May

Practice notes

Apportioning rent—the methods

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Whenever a property is sold,...

19th May

Practice notes

Merger of freehold and leasehold titles—law and land registration procedure

Merger may determine a lease when both the lease and the reversion on that lease become vested in the same person and that person holds both interests...

19th May

Practice notes

Legal mortgages and legal charges

The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the...

19th May

Practice notes

Quistclose trusts

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...

19th May

Most recent Agreements for lease content

Q&As

If a tenancy ends (because a tenant has purchased the property under the Right to Buy Scheme) and the landlord does not remove fittings which are expressly excluded from the demise (note, not fixtures), can a tenant insist a landlord removes them?

If a tenancy ends (because a tenant has purchased the property under the Right to Buy Scheme) and the landlord does not remove fittings which are...

15th Jul

Practice notes

Who is responsible for the property—SCs?

Who is responsible for the property—SCs?The Standard Conditions of Sale (5th Edn) (5th edition) (SC) reflect the open contract position. They confirm...

14th Jul

Practice notes

Who is responsible for the property—SCPCs?

Who is responsible for the property—SCPCs?Under the Second Edition and Third Edition—2018 Revision of the Standard Commercial Property Conditions...

14th Jul

Practice notes

Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid

Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paidCoronavirus (COVID-19): This...

7th Jul

Precedents

Capital allowances clause—agreement for lease with a landlord’s contribution

Capital allowances clause—agreement for lease with a landlord’s contribution1Capital allowances1.1In this clause 1:CAA 2001•means Capital Allowances...

Produced in partnership with Martin Wilson 30th Jun

Practice notes

When do you need an agreement for lease?

When do you need an agreement for lease?An agreement for lease is required where the landlord and tenant cannot enter immediately into the lease...

25th Jun

Precedents

Agreement for lease—developer landlord to carry out major works incorporating the Standard Commercial Property Conditions (Third Edition)

Agreement for lease—developer landlord to carry out major works incorporating the Standard Commercial Property Conditions (Third Edition)date...

24th Jun

Q&As

Is there any benefit to having an agreement for lease where the set completion date is known and no other conditionality or works etc are required?

Is there any benefit to having an agreement for lease where the set completion date is known and no other conditionality or works etc are...

18th Jun

Q&As

Is it possible to assign the benefit of specific parts of a contract as opposed to the whole of it?

Is it possible to assign the benefit of specific parts of a contract as opposed to the whole of it?The starting point is that the benefit of a...

10th Jun

Q&As

A freeholder enters into an agreement for lease (AFL) with a third party. The agreement for lease is expressed to be personal. The third party registers a unilateral notice. If the freeholder then sells the land to a purchaser, is the purchaser liable or would the third parties’ remedies only be against the original freeholder. Specific performance would presumably not be available as it is no longer possible and the third party could not force the purchaser to grant the lease?

A freeholder enters into an agreement for lease (AFL) with a third party. The agreement for lease is expressed to be personal. The third party...

6th Jun

Q&As

If the tenant of a lease granted five years ago, which provides for a specific permitted use (with a side letter accompanying it to modify the permitted use), intends to make alterations by way of licence to part only of the demised premises, which requires a change of use not permitted by the lease or the side letter, how should the change of use for part only of the demised premises be dealt with, and what (if any) effect will this have on the lease? Can a further side letter be entered into at this point?

If the tenant of a lease granted five years ago, which provides for a specific permitted use (with a side letter accompanying it to modify the...

Produced in partnership with Kate Andrews of Hamlins 6th Jun

Q&As

A legal lease of a parking space was granted in 2004, but was not registered by the solicitors who were then acting. Does the lease have to be registered now before it can be assigned to a new buyer?

A legal lease of a parking space was granted in 2004, but was not registered by the solicitors who were then acting. Does the lease have to be...

6th Jun

Q&As

Can a tenancy agreement be for life?

Can a tenancy agreement be for life?There is no reason why a tenancy cannot be granted for life. However, a lease for life or lives or for any term of...

6th Jun

Q&As

Can a deed of surrender of a commercial lease be drafted so that the deed is completed now with the lease actually being surrendered at a predetermined agreed date in the future?

Can a deed of surrender of a commercial lease be drafted so that the deed is completed now with the lease actually being surrendered at a...

6th Jun

Q&As

Should a prospective tenant protect its agreement for lease by registering a unilateral notice against the landlord’s title? What are the consequences if the tenant does not do so?

Should a prospective tenant protect its agreement for lease by registering a unilateral notice against the landlord’s title? What are the consequences...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

What are the consequences of an invalid notice to complete followed by a purported rescission by the serving party?

What are the consequences of an invalid notice to complete followed by a purported rescission by the serving party?Our Practice Note: Notice to...

5th Jun

Q&As

In the context of a put option, where notice to exercise the option has been served, the recipient of the notice has asked to delay completion and time is not of the essence, can a new completion date be agreed while preserving the right to serve a notice to complete in the future? If the party who served the notice does nothing (ie remains silence), can they then serve a notice to complete when they wish?

In the context of a put option, where notice to exercise the option has been served, the recipient of the notice has asked to delay completion and...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

What remedies are available to a landlord if the tenant fails to complete by the deadline imposed by the tenant's formal notice to complete?

What remedies are available to a landlord if the tenant fails to complete by the deadline imposed by the tenant's formal notice to complete?Service of...

5th Jun

Q&As

Do you have a Precedent for a clause in a lease requiring a tenant to bear uninsured losses?

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...

5th Jun

Q&As

Is there any reason why a rent deposit agreement must be in a separate document and should not be set out in the lease itself, if the lease is a short (three years) and non-assignable by the tenant? Including the rent deposit terms in the lease is not discussed as a possibility, but would it make the process for signing up tenants a lot simpler (for both parties) as well as the ongoing management of tenants? Could the terms of the rent deposit agreement (deposit held by the landlord on trust) be set out in a schedule to the lease, which is then executed as a deed by the tenant?

Is there any reason why a rent deposit agreement must be in a separate document and should not be set out in the lease itself, if the lease is a short...

5th Jun

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Agreements for lease

View Property by content type:

Latest Property News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Featured Property content

Title guarantee and covenants for title

What is a certificate of title?

Option agreements—the need for a long-stop date

Epitome of title

Most recent Agreements for lease content

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