Management of mixed use schemes

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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
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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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
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
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...
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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
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...
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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
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 Management of mixed use schemes content

Precedents
dated [date]parties1[name of the Company] [of OR incorporated in England and Wales with Company registration number [number] whose registered office...
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27th Apr
Precedents
Date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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19th Apr
Precedents
This agreement is made the [insert date] day of [insert month and year] Between [owners of property] of [insert address] (the ‘Owners’) and [managing...
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12th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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Produced in partnership with Ian Peacock of 4-5 Gray’s Inn Square 9th Apr
Practice notes
When do the consultation requirements apply?A landlord must consult with its tenants before:•undertaking qualifying works (defined in section 20ZA of...
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8th Apr
Practice notes
Where a developer has reserved only a nominal ground rent under the flat leases and also has no wish to manage the development once all the flat...
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8th Apr
Practice notes
EnglandThe Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2016, SI 2016/518 approves the Service...
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8th Apr
Practice notes
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....
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8th Apr
Practice notes
When selling a freehold property, sellers may wish to create positive covenants for future owners to perform. Problems may arise with the enforcement...
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8th Apr
Practice notes
The court may imply an obligation on the landlord to provide certain services in the absence of an express covenant to do so. Where a landlord takes...
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8th Apr
Practice notes
One of the most common management schemes adopted by developers of residential flats is for the developer to retain the reversionary interest but to...
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8th Apr
Practice notes
Leasehold Reform Act 1967 (LRA 1967) and Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gave long leasehold tenants an...
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8th Apr
Practice notes
What is a concurrent lease?In the context of residential flat schemes, a concurrent lease is a lease of the reversion that is granted by a developer...
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8th Apr
Practice notes
Scheme outlineThis is the most straightforward residential flat scheme to establish. However, developers do not typically hold and manage rented...
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8th Apr
Practice notes
When reviewing a lease within a moderately small residential flat scheme which consists of a principal building containing the flats and some communal...
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8th Apr
Practice notes
Inadequate insurance or service charge provisionsA landlord of a flat lease may covenant to insure or provide other services 'subject to and...
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8th Apr
Practice notes
The commonhold association is a private company (limited by guarantee) incorporated under the Companies Act 1985. The unit-holders are the only...
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8th Apr
Practice notes
Statute limits the amount that may be recovered from tenants of dwellings by way either of service or administration charges. In both cases the...
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1st Apr
Practice notes
An arms length management organisation (ALMO) is a not-for-profit company that provides housing services on behalf of a local housing authority (LHA)....
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19th Mar
Precedents
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...
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2nd Mar

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