Mixed use schemes

View Property by content type:

Practice notes

Precedents

Q&As

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 equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

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...

Practice notes

Quistclose trusts

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...

9th Nov

Practice notes

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...

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

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

Without prejudice and subject to contract

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...

9th Nov

Practice notes

Derogation from grant and the covenant for quiet enjoyment

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...

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

Precedents

Deed of grant of easements

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...

9th Nov

Practice notes

Applying the proceeds of sale

Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...

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

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

Insolvency—fixed charge receivership

Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...

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

Practice notes

Conditional contracts—property

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....

9th Nov

Practice notes

Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...

9th Nov

Precedents

Landlord’s Section 45 Counter—notice to Tenant s 42 Notice

Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...

9th Nov

Most recent Mixed use schemes content

Practice notes

Commercial service charges—the importance of following procedures

Where a certificate is required to ascertain the service charge then it has been held in Urban Splash Work Ltd v Ridgway and another [2018] UKUT 32...

25th Nov

Practice notes

Commercial service charges—what expenses can the landlord recover?

Repair and improvementsA tenant will not generally be expected to pay for the landlord to upgrade or improve its property as opposed to repairing it....

23rd Nov

Precedents

Agreement for lease conditional on planning incorporating the Standard Commercial Property Conditions (Third Edition — 2018 Revision)

DATE [date].Parties1[full name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office...

23rd Nov

Precedents

Agreement for lease—developer landlord to carry out major works incorporating the Standard Commercial Property Conditions (Third Edition)

date [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...

23rd Nov

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...

20th Nov

Practice notes

SDLT—multiple dwellings relief

Multiple dwellings relief (MDR) applies to certain transactions that involve an acquisition of at least two dwellings or an acquisition of one...

19th Nov

Precedents

Lease of industrial unit on an estate

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...

18th Nov

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...

18th Nov

In-house

Precedents

Agreement for sale or lease to a Management Company

Date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...

18th Nov

Precedents

Lease of high street shop unit

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...

17th Nov

Precedents

Lease of flat

IMPORTANT — THIS LEASE IS A LEGALLY BINDING DOCUMENT. BEFORE SIGNING IT YOU SHOULD READ IT CAREFULLY TO ENSURE THAT IT CONTAINS EVERYTHING YOU DO WANT...

16th Nov

Precedents

Lease of whole—long at a premium of commercial premises

Important—this lease is a legally binding document. Before signing it you should read it carefully to ensure that it contains everything you do want...

16th Nov

Precedents

Agreement for sale of long residential lease (off plan)

DATE [date]Parties1[name of Seller] [of OR incorporated in England and Wales (with company registration number [number]) whose registered office is at...

16th Nov

Precedents

Landlord and Tenant Act 1987 Lease of flat

IMPORTANT — THIS IS A LEGALLY BINDING DOCUMENT. PLEASE READ IT CAREFULLY TO ENSURE THAT IT CONTAINS EVERYTHING YOU WANT AND NOTHING YOU ARE NOT...

16th Nov

Precedents

Concurrent lease to Management Company

LR1. Date of the lease[date in its full format DD-Month-Year]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this...

16th Nov

Precedents

Lease of part—retail premises

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...

16th Nov

Precedents

Plot sale agreement—freehold/leasehold

Date [date]Parties1[name of Seller] incorporated in England and Wales with company registration number [number] whose registered office is at...

13th Nov

Precedents

Estate Rentcharge Deed

This Deed is made on [date]Parties1[insert name of Landowner] of [insert address] [incorporated in England and Wales with company registration number...

12th Nov

Practice notes