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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
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
Q&As
What is the stamp duty land tax position when a company transfers land to a director/shareholder for nil consideration?As a general rule (subject to...
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Produced in partnership with Mary Ashley of 15 Old Square 16th Aug
Q&As
X bought a farm including a farmhouse and ran his farm from it. X has been living in the farmhouse. If X still owns the farmhouse will this count as a...
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Produced in partnership with Sharron Carle of Keystone Law 16th Aug
Q&As
Is a transfer of equity from one spouse to both spouses exempt from stamp duty land tax (SDLT) where the transferee spouse is assuming debt (of an...
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Produced in partnership with Sean Randall of Blick Rothenberg 16th Aug
Q&As
Is one considered a first time buyer in England if they have previously purchased land (with no dwelling house)?This Q&A considers first time buyer’s...
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16th Aug
Q&As
When is the effective date of a new lease when a tenant is holding over while a renewal lease is negotiated?The stamp duty land tax (SDLT) rules that...
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16th Aug
Q&As
Where a developer is selling the freehold of a site for a consideration of cash plus a leaseback of part, is the stamp duty land tax (SDLT) exemption...
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Produced in partnership with Mary Ashley of Old Square Tax Chambers 16th Aug
Q&As
Is SDLT payable on a residential lease extension and is the acquisition of the associated freehold linked to the grant of the new lease?Stamp duty...
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16th Aug
Q&As
Does SDLT apply to a transfer of a property in 2019 from joint names to one name pursuant to a divorce court order dated 1995 (when the property...
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16th Aug
Q&As
Is stamp duty land tax due when you acquire land by adverse possession?Stamp duty land tax (SDLT) is charged on chargeable land transactions under...
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16th Aug

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