Rent and rent review

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Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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9th Nov
Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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9th Nov
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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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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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
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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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
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
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Practice notes
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...
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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
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
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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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
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov

Most recent Rent and rent review content

Q&As
What is CRAR?As of 6 April 2014, the old common law remedy of distress for rent was replaced by the new Commercial Rent Arrears Recovery...
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29th Nov
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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29th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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29th Nov
Q&As
We refer you to the associated drafting note of the Precedent: Indexed rent review—annual basis with optional cap and collar.As per the drafting...
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29th Nov
Q&As
A landlord who has the option to pursue a number of different parties in respect of rent arrears may pursue all of these parties for the same sums,...
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29th Nov
Q&As
Whether you are acting for either of the original landlord or tenant, you may consider that the simplest and most cost effective way to proceed is for...
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29th Nov
Q&As
Case studyA tenant assigns part of a lease and agrees an apportionment of the rent with the assignee. The assignor obtains the landlord's approval to...
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29th Nov
Q&As
This question raises the issue of the period after which a defendant to proceedings for recovery of service charges under a lease can rely upon a...
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29th Nov
Q&As
The starting point is to consider what the user provision is under the hypothetical lease in the rent review clause. The hypothetical lease might be...
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29th Nov
Q&As
It is correct that commercial rent arrears recovery (CRAR) under the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) is not enforceable against...
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Produced in partnership with Carl Fain of Tanfield Chambers 29th Nov
Q&As
General principlesA lease should fix the periods when the rent is to be paid and specify the days on which the payments are to be made and the day for...
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29th Nov
Q&As
The Commercial Rent Arrears Recovery (‘CRAR’) ProcedurePart 3 and Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) repealed...
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Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers 29th Nov
Q&As
The 18-month limitation period in section 20B of the Landlord and Tenant Act 1985 (LTA 1985) does apply to insurance even if it is expressly reserved...
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Produced in partnership with Carl Fain of Tanfield Chambers 29th Nov

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