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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
Is there any saving provision under the current SDLT holiday rules for a transaction which has exchanged before 31 March 2021 but which completes...
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16th Aug
Q&As
Does an amendment to an overage provision in 2016 (that changed the trigger point and overage period but not the overage amount) attract a stamp duty...
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Produced in partnership with Sean Randall of Blick Rothenberg 16th Aug
Q&As
If a purchaser owns a property in a company name, and is now looking to acquire a property in their individual name, does this attract higher rates of...
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Produced in partnership with Sean Randall of Blick Rothenberg 16th Aug
Q&As
Can group relief for SDLT apply to a not-for-profit company where the articles do not allow distribution of profits?In order to claim stamp duty land...
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16th Aug
Q&As
Does annual tax on enveloped dwellings apply to a limited company housebuilder that acquires existing dwellings for conversion or demolition and...
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16th Aug
Q&As
Does a transfer of an equitable title which does not affect the legal title trigger a stamp duty land tax payment (for example, a declaration of trust...
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16th Aug
Q&As
Is charging VAT on lease rents over a period of 20 years sufficient to demonstrate that an option to tax has been made and notified to HMRC?There is...
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16th Aug
Q&As
How does stamp duty land tax apply to the grant of a one-year lease which can later be extended by exercising an annual option to renew on identical...
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16th Aug
Q&As
If a lease is varied to remove the rent review provisions and replace these with a stepped rent increasing at the beginning of the sixth year of the...
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Produced in partnership with Sean Randall of Blick Rothenberg 16th Aug

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