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Management of mixed use schemes

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Latest Property News

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

The following Property news provides comprehensive and up to date legal information on Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

Liability for costs of repair (City of London v Leaseholders of Great Arthur House)

Liability for costs of repair (City of London v Leaseholders of Great Arthur House)

The following Property Disputes news provides comprehensive and up to date legal information on Liability for costs of repair (City of London v Leaseholders of Great Arthur House)

Property weekly highlights—29 April 2021

Property weekly highlights—29 April 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—29 April 2021

Featured Property content

What is a certificate of title?

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...

Constructive trusts

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...

Title guarantee and covenants for title

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...

Equitable mortgages and equitable charges—general principles and registered land

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

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...
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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...
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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...
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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...
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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...
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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...
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9th Nov
tag iconIn-house
Precedents

Specific clauses for transfers—indemnity covenant

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

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...
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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....
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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...
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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...
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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...
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9th Nov
Practice notes

Completion monies—the SCPCs

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

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

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

Differences—joint insured and noting

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

Sub-sales and assignments

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

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...
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27th Apr
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]...
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19th 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...
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12th 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...
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Produced in partnership with Ian Peacock of 4-5 Gray’s Inn Square 9th Apr
Practice notes

Residential—statutory consultation procedure for service charges

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

Residential flat schemes—developer disposes of the reversion and management responsibilities

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

Code for residential service charges

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

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....
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8th Apr
Practice notes

Estate rentcharges—freehold land

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

Commercial service charges—what is the landlord's liability to provide the service?

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

Residential flat schemes—developer retains reversion but contracts out management and provision of services

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

Estate management schemes

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

Residential flat schemes—granting a concurrent lease

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

Residential flat schemes—developer as landlord and manager

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

Residential flat schemes—common issues

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

Residential flat schemes—insurance, service charge and repair issues

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

Managing a commonhold

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

Residential—statutory limitations on recovery of service charges and administration charges

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

Arms length management organisations (ALMOs)

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

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...
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2nd Mar

Popular documents

LEXISNEXIS

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some

LEXISNEXIS

Drafting the particulars of claim and reply

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be

LEXISNEXIS

Quia timet injunctions

What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they

LEXISNEXIS

Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR