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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
Practice notes
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...
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19th May
Practice notes
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...
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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Q&As content

Q&As
Should a licence to occupy be protected by a UN1 on the servient title or will it enjoy overriding status and not need noting?Nature of a licence to...
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25th Aug
Q&As
Is there any reason why a trainee solicitor cannot exchange contracts on a residential property transaction?A sale contract becomes legally binding on...
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24th Aug
Q&As
Is there any time limitation on when a section 42 notice can be assigned after it has been served on the freeholder? Is it still capable of assignment...
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Produced in partnership with Shabnam Ali-Khan of Russell-Cooke 24th Aug
Q&As
How can a mortgage be removed from the charges register if you cannot submit a DS1?In HM Land Registry Practice Guide 31: discharge of charges, at...
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23rd Aug
Q&As
Can an easement be silent on whether it is exclusive or not?The grant of an easement does not give the owner of the dominant land exclusive use of the...
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19th Aug
Q&As
Are there any statutory obligations for a landlord of a long lease (over 21 years when originally granted) to keep the block/building/common parts in...
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19th Aug
Q&As
When completing a 25-year long lease containing a clause with a right of pre-emption, does a notice have to be registered at HM Land Registry as well...
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19th Aug
Q&As
When does the 18 days period run from to make an application to set aside a statutory demand and does this period include only business days?A...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As
I am dealing with a property in England. There is a Statutory Declaration with the deeds but it is made in Australia. Is it still valid in England?We...
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18th Aug
Q&As
When establishing whether transactions are linked for stamp duty land tax purposes, HMRC guidance directs us to section 1122 of the Corporation Tax...
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Produced in partnership with Mary Ashley of Old Square Tax Chambers 16th Aug
Q&As
Where a landlord has agreed a reduced concessionary rent in a side letter, is stamp duty land tax payable on the rent as set out in the lease or...
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Produced in partnership with Sean Randall of Blick Rothenberg 16th Aug
Q&As
What are the SDLT obligations when a lease, which was not originally notifiable for SDLT purposes, is held over, extending the duration of the lease...
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Produced in partnership with Sean Randall of Blick Rothenberg 16th Aug

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