Assignment and underletting

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Precedents
Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of...
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19th May
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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19th May
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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19th May
Practice notes
This Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general content on indemnities, see Practice Note:...
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19th May
Q&As
Should an indemnity covenant in a transfer deed (TR1) require the transferee to indemnify 'the transferor's estate and effects' as well as the...
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19th May
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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19th May
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 19th May
Practice notes
Registrable restrictive covenantsRestrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:•entered into before...
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19th May
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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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the...
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19th May
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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19th May
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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19th May
Practice notes
An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...
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19th May
Practice notes
What is a pre-emption?A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Most recent Assignment and underletting content

Q&As
How does the General Data Protection Regulation impact on property owners and managers?The General Data Protection Regulation (Regulation (EU)...
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25th Jul
Precedents
Underlease of whole premises demised by headlease—part of office building—illustrative mark-upPrecedent underlease of part-offices—whole of premises...
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25th Jun
Practice notes
Alienation—a practical lease negotiation guideThis Practice Note discusses considerations when negotiating alienation provisions in a rack rent...
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24th Jun
Precedents
Licence to assign—new tenancyDate: [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number]...
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24th Jun
Precedents
Licence to sub-underletDate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose...
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24th Jun
Precedents
Licence to assign—old tenancyDate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number]...
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24th Jun
Precedents
Heads of Terms—headlease1Parties1.1Landlord[details]1.2Tenant[details]1.3Guarantor(s)[details]2Rent Deposit£ [amount] for [number] years3Property...
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24th Jun
Precedents
Notice of assignment and chargeNotice of assignment [and charge]Lease: the lease of the Property dated: [insert the date in its full format...
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24th Jun
Precedents
Licence to change use (new use class contemplated by lease)Date [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company...
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22nd Jun
Precedents
Letter licence to assign—new tenancyConditional consent to assignWARNING: THIS PRECEDENT SHOULD ONLY BE USED IN THE MOST STRAIGHTFORWARD OF LOW-VALUE...
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18th Jun
Practice notes
Acting for a tenant—assignment of existing lease—key issuesIs the landlord’s consent required to the assignment?Check the terms of the lease...
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18th Jun
Q&As
Is it possible to assign the benefit of specific parts of a contract as opposed to the whole of it?The starting point is that the benefit of a...
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10th Jun

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