Guarantees and rent deposits

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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
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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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
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
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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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
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
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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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
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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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov
Practice notes
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...
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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 Guarantees and rent deposits content

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
Guaranteed rentThe usual meaning of a rental guarantee in a residential property context is that a seller/developer of a property will guarantee to...
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29th Nov
Q&As
ForfeitureWhere a lease allows a landlord to do so, the landlord can bring the lease to an end in the event of a default by the tenant by forfeiting...
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Produced in partnership with Alex Campbell of Field Court Chambers 29th Nov
Q&As
A landlord is often obliged to hold rent deposit monies in an ‘interest bearing account’, which simply means a bank account into which interest...
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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
GuaranteesIt is common for landlords to require a person to act as guarantor in order for the landlord to agree to grant a tenancy to a tenant....
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Produced in partnership with Alex Campbell of Field Court Chambers 29th Nov
Q&As
For the purposes of this Q&A, we have assumed the rent deposit is in relation to a commercial property.The rent deposit deedA rent deposit is a sum of...
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29th Nov
Q&As
It is standard for a commercial tenancy agreement to contain provision as to a deposit, as security for the landlord against any breaches of covenant...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
On assignment, the original tenant is released from its obligations under the lease but takes on new obligations under the authorised guarantee...
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29th Nov
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 29th Nov

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