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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
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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19th May
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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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
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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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Property management content

Q&As
What steps should a landlord consider when drafting a commercial or mixed-use lease in the light of the new CRAR procedure?What is CRAR?As of 6 April...
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10th Aug
Q&As
Where pursuant to the terms of a residential lease service charge is recoverable as ground rent in arrears, can a freeholder recover sums dating back...
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Produced in partnership with Kate Andrews of Hamlins 10th Aug
Q&As
Following a section 20 consultation for major works, what options does a landlord have to demand/recover funds? Is the landlord required to follow the...
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10th Aug
Q&As
Is the fact that an incoming assignee would not be able to offer a sufficient authorised guarantee agreement in the future due to its limited covenant...
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10th Aug
Q&As
If a tenant occupies premises but there is no written tenancy agreement, can the landlord initiate a rent review?Oral leaseIt is worth considering...
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10th Aug
Q&As
Where a deed of variation to a registered lease alters the extent of the demise but makes no other changes to the lease, does it need to be registered...
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10th Aug
Q&As
When a lease is disclaimed and there is a guarantor under the provisions of an authorised guarantee agreement (AGA), in what circumstances can the...
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10th Aug
Q&As
If a freeholder agrees to allow a leaseholder to extend their demise, would the surrender and regrant facilitating this change be caught by the right...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 10th Aug
Q&As
Can a deed of variation extending the term of the original lease result in an implied surrender and regrant even if the deed of variation has not been...
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10th Aug
Q&As
Is there an obligation under the Landlord and Tenant (Covenants) Act 1995 for an incoming assignee to enter into a direct deed of covenant with the...
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10th Aug

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