Lease variations

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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
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
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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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
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
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
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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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
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
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 Lease variations content

Q&As
Existing leaseThe current use permitted by most existing leases is unlikely to be affected by the legislative changes, because the majority of...
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Produced in partnership with Paul Cole of Clyde & Co 3rd 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
Q&As
It is open to the parties to a lease to agree a variation of its terms. However, in certain circumstances which are prescribed by statute, one party...
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Produced in partnership with Alexander Campbell of Field Court Chambers 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
A variation of a lease will sometimes result in an implied surrender and regrant of land. This takes place where the variation cannot be effected in...
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Produced in partnership with Alexander Campbell of Field Court Chambers 29th Nov
Q&As
A deed of variation is an agreement between the lessor and the lessee to alter the terms of the lease. There are myriad reasons why a deed of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
This Q&A considers whether parties, when renewing the lease on one property, could incorporate in that lease a renewal of a lease on another...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 29th Nov
Q&As
In certain circumstances, conduct that is inconsistent with the continuation of a lease may constitute a deemed surrender and regrant in certain...
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29th Nov
Q&As
An underlease that is granted for as long, or longer, than the original lease operates as an assignment and not as an underlease. To avoid this, an...
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29th Nov
Q&As
Long leases and ASTsAssured tenancies (ATs) were established by the Housing Act 1988 (HA 1988). Assured shorthold tenancies (ASTs) are a type of...
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Produced in partnership with Alexander Campbell of Field Court Chambers 29th Nov
Q&As
Deed of variation increasing the demiseA deed of variation that increases the extent of the demise will result in an implied or deemed surrender and...
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29th Nov
Q&As
This Q&A assumes that the new lease is not a renewal under the Landlord and Tenant Act 1954 and that the existing lease is a new lease for the...
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29th Nov

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