Rent and rent review

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Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
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 12th Jan
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
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
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...
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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
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
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
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
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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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

Most recent Rent and rent review content

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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15th Apr
Practice notes
What is taking control of goods?On 6 April 2014, provisions came into force for the taking control of goods (TCG) in order to sell them to satisfy a...
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Produced in partnership with Victoria Jones of Freeths 8th Apr
Practice notes
This Practice Note sets out the detail of the procedure relating to the taking control of goods either to satisfy commercial rent arrears under the...
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Produced in partnership with Victoria Jones of Freeths 8th Apr
Practice notes
This Practice Note sets out the procedure provided for in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 for the taking control of...
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Produced in partnership with Victoria Jones of Freeths 8th Apr
Practice notes
Points scored and gloated over when negotiating a lease can bite back when the rent comes up for review. In a weak market, the presence of onerous...
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8th Apr
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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8th Apr
Practice notes
A rent review clause contained in an assured tenancy is superseded by the statutory provisions governing rent increases where the contractual term...
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8th Apr
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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8th Apr
Practice notes
Development leases often gear the reviewed rent to the underlease rents. The tenant pays the landlord a defined percentage of the income he derives...
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8th Apr
Practice notes
The rationale behind an assumption of vacant possession at rent review is to prevent the landlord benefiting from an increase in rent for the premises...
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8th Apr
Practice notes
This Practice Note considers set-off provisions in leases and whether a tenant can set off a claim against a new landlord after assignment. A tenant...
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8th Apr
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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8th Apr
Practice notes
Date and frequencyThe frequency of a rent review is a matter for negotiation. The most common period in practice at the moment is every five...
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8th Apr
Practice notes
The importance of timing in rent reviewsThe rent review mechanics in a lease often include time limits, for example:•leases commonly include...
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8th Apr
Practice notes
The hypothetical demiseThe starting point in construing a rent review in a commercial lease is an assumption that the rental value is to be that of...
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8th Apr
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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8th Apr
Practice notes
Inflation calculatorsThese calculator tools will calculate indexation figures applying either RPI or CPI. They are useful for determining the effect...
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8th Apr
Practice notes
This Practice Note discusses a tenant's considerations when negotiating open market rent review provisions in a rack rent commercial lease. It...
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8th Apr
Practice notes
What is an improvement?By analogy with cases under section 19 of the Landlord and Tenant Act 1927, an alteration that:•goes beyond repair, and•from...
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8th Apr
Practice notes
A turnover rent (also known as a percentage rent) is a rent that varies depending on the amount of trade which is achieved at the premises that have...
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8th Apr

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