Assignment and underletting

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Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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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
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 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
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
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
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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9th Nov
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
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 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 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
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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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

Precedents
This Agreement is made on [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose...
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1st Dec
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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1st Dec
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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1st Dec
Precedents
DateD [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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1st Dec
Precedents
Date [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
Read More >
1st Dec
Precedents
Date [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
Read More >
1st Dec
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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1st Dec
Q&As
If the tenant is not going to be required to pay rent, then it would be wrong to record in the lease that the rent payable is the market rent when the...
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Produced in partnership with Carl Fain of Tanfield Chambers 29th Nov
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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29th Nov
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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29th Nov
Q&As
Release on assignmentIf a landlord requires the tenant to enter into an authorised guarantee agreement (AGA), the tenant will remain liable under the...
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29th Nov
Q&As
Qualifying trusts for a relevant minorA 'qualifying trust' for a 'relevant minor' may be established under section 35 of the Finance Act 2005 (FA...
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Produced in partnership with James Brockhurst of Forsters LLP 29th Nov
Q&As
The starting point is that the benefit of a contract can be assigned to a third party. To this there are a number of immediate exceptions:•first if...
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29th Nov

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