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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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...
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...
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...
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...
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...
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
This Practice Note discusses a tenant’s considerations when negotiating alienation provisions in a rack rent commercial lease that is a new lease for...
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...
IntroductionMost leases contain an absolute prohibition against assignment of part of the demised premises. This is due to the potential complications...
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Landlord and Tenant (Covenants)...
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...
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...
A lease for a term exceeding three years must be in writing and be granted by deed for it to take effect as a legal interest. A failure to comply with...
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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