Agreements for lease

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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
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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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
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
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
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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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
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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9th Nov
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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9th Nov
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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9th Nov
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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9th Nov
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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9th Nov

Most recent Agreements for lease content

Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Standard Conditions of...
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8th Apr
Practice notes
Delay in completion of the developer’s works can be of far greater concern to a tenant than, eg whether the works are in accordance with the...
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8th Apr
Practice notes
In some cases, a developer and a tenant agree that the rent under the occupational lease will be a specified figure. However, in many other cases, the...
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8th Apr
Practice notes
Certification of practical completion under the agreement for lease (usually prompted by certification of practical completion under the building...
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8th Apr
Practice notes
Plans, specifications, etcIn most cases, the tenant will apply its own bespoke fit-out to the developer’s finish condition in which the premises is...
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8th Apr
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.There is no common law...
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8th Apr
Practice notes
Assignment by the tenantThe more important a particular tenant is to the viability of a particular development, the more likely that the landlord will...
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8th Apr
Practice notes
If there is no express provision on insurance in the agreement for lease then, under open contract:•neither party is obliged to insure the property,...
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8th Apr
Practice notes
Developer defaultGranting a tenant the right to terminate the agreement for lease in the event of default by the developer has potentially disastrous...
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8th Apr
Practice notes
Under the second and third editions of the Standard Commercial Property Conditions (SCPCs) (Second Edition and Third Edition respectively) risk passes...
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8th Apr
Practice notes
An agreement for lease with development obligations can give rise to a variety of issues, eg the right to claim an extension of time, measurement,...
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8th Apr
Practice notes
If the developer fails to achieve practical completion by the target date set out in the agreement for lease, the tenant will expect to receive...
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8th Apr
Practice notes
In some respects, the only real value in any contractual duty under an appointment or obligation under a warranty'>collateral warranty lies in the...
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8th Apr
Practice notes
Repudiation of a contract occurs where one party communicates to the other (through words or conduct) that they no longer intend to be bound by it,...
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8th Apr
Practice notes
Insuring the developer’s worksAs between the developer and the tenant, the developer should covenant:•to ensure that the developer’s works are insured...
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8th Apr
Practice notes
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....
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8th Apr
Practice notes
As-built drawings, health and safety file, etcIn the context of a lease of an entire building, the tenant is likely to have both contractual and...
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8th Apr
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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6th Apr
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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6th Apr
Precedents
Archived: This Precedent incorporates the Standard Commercial Property Conditions (Second Edition) and is no longer maintained. The Third Edition of...
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6th Apr

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