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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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9th Nov
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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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
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
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
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
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
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
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
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
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
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 Repairs and alterations content

Practice notes
STOP PRESS: This Practice Note is currently being updated in light of the Heat Network (Metering and Billing) (Amendment) Regulations 2020, SI...
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Produced in partnership with ELM Law 1st Dec
Q&As
If the landlord needs to borrow to carry out the works and intends to carry out those works then, in principle, notwithstanding there is no provision...
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Produced in partnership with Carl Fain of Tanfield Chambers 29th Nov
Q&As
In this situation, there is also the third possibility that neither of them is responsible.To begin with, even if the word ‘window’ (or something...
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Produced in partnership with Desmond Kilcoyne 29th Nov
Q&As
This will depend on whether there is an exception for fair wear and tear in the lease, and if so, how it is construed. In theory, an exception for...
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29th Nov
Q&As
The Landlord and Tenant Act 1927 (LTA 1927) allows a tenant to serve notice on their landlord stating its intention to carry out specified...
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29th Nov
Q&As
It is assumed that:•the lease was not a building lease, ie one under which the tenant was under an obligation to erect the building in question;•there...
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Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov
Q&As
Case studyA lease of a telecoms mast granted in 1951 includes a covenant ‘to keep in repair’ the track leading to the mast. The track consists of part...
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29th Nov
Q&As
The issue of alterations should not be overlooked at lease renewal. The premises may have been significantly altered. Unless the parties state...
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Produced in partnership with David Nicholls of Landmark Chambers 29th Nov
Q&As
In the absence of an express covenant, a landlord gives no warranty that the premises are or will remain physically fit for the use contemplated and...
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29th Nov
Precedents
Date: [insert date of licence in its full format DD-Month-Year]Parties1[insert name of Licensor] [of [insert address] OR incorporated in England and...
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29th Nov
Q&As
What is the difference between 'rooflights' and 'outer roof sheets'?A roof light is a window panel built into a roof to admit light.An outer roof...
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Produced in partnership with Elizabeth England of 42 Bedford Row 29th Nov

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