Mixed use schemes

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Latest Property News

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Court refuses to imply term regarding timescale for service of break notice (Wigan BC v Scullindale Global Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Court refuses to imply term regarding timescale for service of break notice (Wigan BC v Scullindale Global Ltd)

Restructuring plan meetings convened on tight timetable in face of strong landlord opposition (Re Virgin Active Holdings Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on Restructuring plan meetings convened on tight timetable in face of strong landlord opposition (Re Virgin Active Holdings Ltd)

Property weekly highlights—8 April 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—8 April 2021

Featured Property content

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

Practice notes

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

9th Nov

Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...

9th Nov

Practice notes

Pre-completion searches

Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...

9th Nov

Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...

9th Nov

Practice notes

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

9th Nov

Practice notes

Headline rents

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...

9th Nov

Practice notes

The ‘ad medium filum’ rule

The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...

9th Nov

Practice notes

Insurance—non-vitiation (non-invalidation) clauses

Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...

9th Nov

In-house

Practice notes

Implied easements—common law

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...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Precedents

Template completion statement—sale

An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...

9th Nov

Q&As

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th Jan

Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...

9th Nov

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

9th Nov

Precedents

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...

9th Nov

Most recent Mixed use schemes content

Precedents

Long form property management agreement

dated [date]parties1[name of the Company] [of OR incorporated in England and Wales with Company registration number [number] whose registered office...

12th Apr

Precedents

Short form property management agreement

This agreement is made the [insert date] day of [insert month and year] Between [owners of property] of [insert address] (the ‘Owners’) and [managing...

12th Apr

Precedents

Lease of whole building

LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord’s title number(s)[title numbers out of which this lease is granted. Leave blank if not...

9th Apr

In-house

Practice notes

Zero-rated sales and leases—person constructing a dwelling

This Practice Note is about the zero-rating of VAT for developers selling or leasing dwellings that they have constructed.Why does zero-rating...

Produced in partnership with Martin Scammell 9th Apr

Practice notes

Vehicles for property development and investment—VAT implications

This Practice Note is about the VAT treatment of partnerships, joint ventures and other entities in the context of property development and...

Produced in partnership with Martin Scammell 9th Apr

Practice notes

Option to tax—disapplication for residential and other property

This Practice Note is about the disapplication of the VAT option to tax (see Practice Note: The option to tax land and buildings) for residential and...

Produced in partnership with Martin Scammell 9th Apr

Practice notes

SDLT—reliefs for public and social purposes

Once is has been determined that there is a notifiable transaction for SDLT purposes, it should be considered whether any reliefs or exemptions are...

9th Apr

Practice notes

Housing PFI

BackgroundPrivate finance initiatives (PFIs) have enabled local authorities to enter into contracts with the private sector for the provision of new...

Produced in partnership with Alan Aisbett of Bryan Cave Leighton Paisner LLP 9th Apr

Practice notes

Tenancies that are not secure

Coronavirus (COVID-19): The Ministry of Housing, Communities & Local Government, in collaboration with Public Health England, has produced...

9th Apr

Practice notes

Introduction to Social housing regulation

There are two separate regimes governing social housing in England and Wales. Each country had its own combined funding and regulatory authority: in...

9th Apr

Practice notes

Regulation of Social Housing

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Ian Peacock of 4-5 Gray’s Inn Square 9th Apr

Practice notes

Housing revenue account

This Practice Note covers the local authority housing revenue account (HRA) in England. Technically the HRA legislation embraces only local housing...

Produced in partnership with Alan Aisbett of Bryan Cave Leighton Paisner LLP and Alan Murdie of Council Tax Legal Services 9th Apr

Practice notes

Houses in multiple occupation (HMOs)—sanctions

Enforcement of the HMO licensing regime is the responsibility of the LHA of the area in which the HMO is located. See Practice Notes: Houses in...

9th Apr

Practice notes

Common structures for leasehold mixed use developments

Why is structuring a mixed use scheme important?Mixed use developments are schemes which comprise one or more buildings used for commercial, retail...

8th Apr

Practice notes

Compulsory acquisition of landlord’s interest by tenants of flats

Compulsory acquisition of landlord's interestAn acquisition order under Part III of the Landlord and Tenant Act 1987 (LTA 1987), entitles certain long...

8th Apr

Practice notes

Flexible tenancies

What is a flexible tenancy?Introduced by the Localism Act 2011 (LA 2011), flexible tenancies can be granted by a local authority (LA) where:•the...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—social housing relief

ContextCommunity Infrastructure LevyThe Community Infrastructure Levy (CIL) is a development charge which local planning authorities, designated as...

8th Apr

Practice notes

Terminating a commonhold

A commonhold scheme can be terminated by either:•an application during the transitional period•voluntarily winding up with the consent of the unit...

8th Apr

Practice notes

The right to an extended lease—flats

A tenant who holds a long lease of a flat has a statutory right (subject to compliance with statutory qualifying criteria) to a 90–year extension of...

8th Apr

Practice notes

Collective enfranchisement—what are qualifying premises

Subject to various qualifying criteria, tenants who hold long leases of flats have a collective right under section 1 of the Leasehold Reform, Housing...

8th Apr