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Latest Property News

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

Property weekly highlights—14 January 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—14 January 2021

Finance Bill 2020—new clauses published on 25 June 2020

The following Employment news provides comprehensive and up to date legal information on Finance Bill 2020—new clauses published on 25 June 2020

Featured Property content

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...

Resulting trusts

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...

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

Practice notes

Manorial rights

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...

9th Nov

Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...

9th Nov

Practice notes

Without prejudice and subject to contract

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...

9th Nov

Practice notes

Tacit relocation in commercial leases in Scotland

In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...

Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan

Scottish Law

Practice notes

Insurance—non-vitiation (non-invalidation) clauses

Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...

9th Nov

In-house

Precedents

Specific clauses for transfers—indemnity covenant

Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...

9th Nov

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...

9th Nov

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?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...

9th Nov

Practice notes

Rent suspension or cesser

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...

9th Nov

Precedents

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...

9th Nov

Practice notes

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...

9th Nov

Practice notes

What is a good and marketable title?

A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...

9th Nov

Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...

9th Nov

Practice notes

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....

9th Nov

Practice notes

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...

9th Nov

Practice notes

Sub-sales and assignments

A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...

9th Nov

Most recent Property management content

Practice notes

VAT—transfers of a going concern involving land and buildings

This Practice Note is about the issues that arise on a transfer of a going concern involving land and buildings.A transfer of a going concern (TOGC)...

Produced in partnership with Martin Scammell 15th Jan

Practice notes

Direct tax treatment of leases—assignments, surrenders and variations

The direct tax treatment of landlords and tenants in relation to the grant of leases is considered in Practice Note: Direct tax treatment of...

Produced in partnership with Charles Goddard of Rosetta Tax 15th Jan

Practice notes

SDLT—common lease transactions

This Practice Note provides an overview of the stamp duty land tax (SDLT) treatment of the following common lease transactions:•grant of a...

15th Jan

Practice notes

Dilapidations claims at the end of the term

Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...

15th Jan

Practice notes

Home owners non-contractual remedies for property defects

Common law—implied termsReasonable care and skillWhere a purchaser buys a house from a builder:•in the course of construction, or •who contracts to...

15th Jan

Practice notes

Recovering rent arrears

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

15th Jan

COVID-19

In-house

Practice notes

Residential—statutory limitations on recovery of service charges and administration charges

Statute limits the amount that may be recovered from tenants of dwellings by way either of service or administration charges. In both cases the...

15th Jan

Practice notes

Pre-Action Protocol for Housing Disrepair Cases (Wales)

This Practice Note sets out the aims of the Pre-action Protocol for Housing Disrepair Cases (Wales) (the Protocol), in force from 13 January 2020,...

15th Jan

Practice notes

What is the appropriate standard of repair?

Unless there is clear wording to the contrary (eg a schedule of condition), a covenant to repair requires the tenant to undertake work that, having...

15th Jan

Practice notes

Rent review—disregarding improvements

What is an improvement?By analogy with cases under section 19 of the Landlord and Tenant Act 1927, an alteration that:•goes beyond repair, and•from...

15th Jan

Practice notes

Alienation—a tenant’s practical lease negotiation guide

This Practice Note discusses a tenant’s considerations when negotiating alienation provisions in a rack rent commercial lease that is a new lease for...

15th Jan

Practice notes

Former tenants, guarantors and overriding leases

The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...

15th Jan

COVID-19

Practice notes

Rent review—onerous provisions

Points scored and gloated over when negotiating a lease can bite back when the rent comes up for review. In a weak market, the presence of onerous...

15th Jan

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

15th Jan

Practice notes

Calculating indexation figures

Inflation calculatorsThese calculator tools will calculate indexation figures applying either RPI or CPI. They are useful for determining the effect...

15th Jan

Practice notes

Building leases—alienation

A ‘building lease’ is a lease granted in consideration for the tenant erecting a building or carrying out works to existing buildings. When a...

15th Jan

Practice notes

Break clauses and notices—service

This Practice Note covers by and upon which party the break notice must be served, the method of service of a break notice (ie permissive or mandatory...

15th Jan

COVID-19

Practice notes

Rent deposit deeds—key drafting points

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....

15th Jan

Practice notes

Does a right to rebuild or renew include a right to develop?

Meaning of rebuildingDepending on context, the Court of Appeal confirmed that rebuilding meant more than the reconstruction of the existing buildings....

15th Jan

Practice notes

Turnover provisions and setting and obtaining metrics from the tenant

A turnover rent (also known as a percentage rent) is a rent that varies depending on the amount of trade which is achieved at the premises that have...

15th Jan

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Property management

View Property by content type:

Latest Property News

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

Property weekly highlights—14 January 2021

Finance Bill 2020—new clauses published on 25 June 2020

Featured Property content

Constructive trusts

Resulting trusts

Authorised guarantee agreements

Equitable mortgages and equitable charges—general principles and registered land

Most recent Property management content

Popular documents

Transferred malice

A company’s constitution

Proprietary estoppel

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

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