Assignment and underletting

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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
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
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
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
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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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
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
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
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
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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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 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
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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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 Assignment and underletting content

Practice notes
This Practice Note discusses a tenant’s considerations when negotiating alienation provisions in a rack rent commercial lease that is a new lease for...
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8th Apr
Practice notes
A ‘building lease’ is a lease granted in consideration for the tenant erecting a building or carrying out works to existing buildings. When a...
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8th Apr
Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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8th Apr
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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8th Apr
Practice notes
Form of covenantThe tenant’s ability to assign or underlet will depend on the form of covenant in the lease. It is important to properly analyse the...
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8th Apr
Practice notes
IntroductionMost leases contain an absolute prohibition against assignment of part of the demised premises. This is due to the potential complications...
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8th Apr
Practice notes
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted on or after 1 January 1996 creates what is defined as a...
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8th Apr
Practice notes
'Possession' and 'occupation' are not interchangeable expressions. A covenant in a lease that forbids parting with possession is not broken by a...
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8th Apr
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.As from completion an incoming...
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8th Apr
Practice notes
Side letters are often used:•to make arrangements and grant concessions (eg in relation to the permitted use, the standards of repair or rental...
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8th Apr
Practice notes
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an automatic release from tenant covenants of the...
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8th Apr
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Landlord and Tenant (Covenants)...
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8th Apr
Practice notes
If your client’s landlord is itself a tenant under a superior lease, you may at some point be required to consider one or more of the following issues...
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8th Apr
Practice notes
For guidance on the usual forms of covenant against assigning and underletting, and on whether consent has been reasonably withheld, see Practice...
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8th Apr
Practice notes
An underlease that is granted for as long, or longer, than the original lease operates as an assignment and not as an underlease. Consequently, an...
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8th Apr
Practice notes
Is the landlord’s consent required to the assignment?Check the terms of the lease (including any deeds of variation or supplemental documents). If the...
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8th Apr
Practice notes
A virtual assignment is an arrangement under which all the economic benefits and burdens of a lease (including any management responsibilities) are...
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8th Apr
Practice notes
This Practice Note sets out the liability of an incoming tenant, on assignment of a lease, for pre-existing breaches of a lease committed by its...
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19th Mar
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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11th Mar

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