Leasehold enfranchisement

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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
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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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
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
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
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
Precedents
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...
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9th Nov
Practice notes
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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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
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
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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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
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Leasehold enfranchisement content

Precedents
LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this lease is granted. Leave blank if not...
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1st Dec
Q&As
Under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) a tenant has the right to extend the term of their...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 29th Nov
Q&As
A head lessee of a block of flats cannot acquire the right to manage (RTM) under Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002)....
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Produced in partnership with Carl Fain of Tanfield Chambers 29th Nov
Q&As
Under Part 2, Chapter 1 (sections 71–113) of the Commonhold and Leasehold Reform Act 2002, leaseholders of flats are given the right to take over the...
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29th Nov
Q&As
There are specific provisions relating to serving notices where the proposed sale is by way of auction in the Landlord and Tenant Act 1987 (LTA 1987)...
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29th Nov
Q&As
It is common that where a long lease has been granted, particularly where there are numerous leasehold interests within one set of premises, that the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives qualifying tenants of flats either:•a collective right to...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 29th Nov
Q&As
Acquiring the right to manageChapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) entitles the owners of flats, in certain...
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Produced in partnership with Alex Campbell of Arden Chambers 29th Nov
Q&As
Case studyA tenant has commenced proceedings pursuant to the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) by service of a...
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29th Nov
Q&As
The term and rent of the new lease granted under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) are fixed by the LRHUDA...
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Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov
Q&As
In the case of Sinclair Gardens v Ray the Court of Appeal considered the status of an Upper Tribunal (UT) decision.In dismissing the appeal, the court...
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29th Nov
Q&As
The form of the tenant’s notice is prescribed by the Leasehold Reform (Notices) Regulations 1997, SI 1997/640, Sch, Form 1.Rateable value (or its...
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29th Nov

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