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Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Court of Appeal guidance on service charge consultation dispensation (Aster Communities v Chapman and others)

The following Local Government news provides comprehensive and up to date legal information on Court of Appeal guidance on service charge consultation dispensation (Aster Communities v Chapman and others)

SDLT—annuity did not prevent market value rule applying (M&M Builders v HMRC)

The following Private Client news provides comprehensive and up to date legal information on SDLT—annuity did not prevent market value rule applying (M&M Builders v HMRC)

Property weekly highlights—6 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—6 May 2021

Featured Property content

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...

Disclosable overriding interests questionnaire

You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...

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...

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)....

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...

9th Nov

In-house

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

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

Practice notes

Fixtures and fittings

When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...

9th Nov

Precedents

Rent authority letter—commercial property

[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...

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...

9th Nov

Practice notes

Easements—actionable interference

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...

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

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

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

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

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

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...

9th Nov

Practice notes

Constructive trusts

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

9th Nov

Practice notes

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...

9th Nov

In-house

Most recent Property development content

Practice notes

Agreements for lease with development obligations—completion

Rent commencement dateAgreements for lease generally specify that the tenant is obliged to take the lease on, or within a short period after,...

8th Apr

Practice notes

Types of development structures

Choosing a structureUnless promoted by a single entity (whether or not with mortgage funding) many developments take place through collaboration. This...

8th Apr

Practice notes

Statutory wayleaves and rights of access

UtilitiesThe water, gas, electricity, communications and energy industries enjoy statutory rights of access onto private land to lay pipes, wires,...

8th Apr

Practice notes

Town or village greens—property development

Registration of land as a town or village green (TVG) can prevent its development and greatly restrict its use. Applications, even if ultimately...

Produced in partnership with Stephen Morgan of Landmark Chambers 8th Apr

Practice notes

Positive covenants—binding successors in title

A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...

8th Apr

In-house

Practice notes

Call options—exercising the option

Option agreements are strictly construed and the option may be lost if the option holder does not exercise it correctly.An option agreement is a...

8th Apr

Practice notes

Operation of the Use Classes Order in Wales

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country...

8th Apr

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction—the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

8th Apr

Practice notes

Agreements for lease with development obligations—collateral warranties and third party rights (typical provisions)

Collateral warrantiesThe typical terms of a warranty'>collateral warranty provided to a tenant by a consultant, contractor or sub-contractor deal...

8th Apr

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

8th Apr

Practice notes

Unpaid vendor’s lien

An unpaid vendor’s lien operates as a type of equitable charge giving the vendor full security in equity for payment of the agreed purchase price. It...

8th Apr

Practice notes

Property joint ventures—participating and convertible mortgages

Participating and convertible mortgages are examples of so-called ‘hybrid debt’ investments, which have both equity and debt features. They are joint...

8th Apr

Practice notes

Property Joint Ventures—deadlock

In order to protect their respective interests, parties to a joint venture frequently arrange their voting rights or construct other control...

8th Apr

Practice notes

Agreements for lease with development obligations—security for the funder

A funder will often only agree to fund a development if it has been pre-let. The existence of the pre-let(s) comforts the developer’s funder that its...

8th Apr

Practice notes

Overage—protecting entitlement

When a solicitor is instructed to draft and negotiate an agreement that includes receipt of overage payments, those instructions include an obligation...

8th Apr

Practice notes

Agreements for lease with development obligations—collateral warranties and third party rights

An inherent defect may become apparent several years after the tenant has taken over the property. This may be long after:•the building contractor’s...

8th Apr

Practice notes

Landlord and Tenant Act 1987—pitfalls and practical tips

Time limits and delaysThe time limits for the various stages of the Landlord and Tenant Act 1987 (LTA 1987) procedures can seriously delay the...

8th Apr

Practice notes

Property exclusivity agreements

An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...

8th Apr

Practice notes

Modification and release of restrictive covenants—the non-statutory route

See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...

8th Apr

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

8th Apr

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Property development

View Property by content type:

Latest Property News

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Court of Appeal guidance on service charge consultation dispensation (Aster Communities v Chapman and others)

SDLT—annuity did not prevent market value rule applying (M&M Builders v HMRC)

Property weekly highlights—6 May 2021

Featured Property content

Sub-sales and assignments

Disclosable overriding interests questionnaire

Easements—nature and characteristics

Conditional contracts—property

Most recent Property development content

Popular documents

Transferred malice

CE-File—electronic filing and case management in the Rolls Building and other courts

The tort of deceit

Tomlin orders

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