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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
Where a new property is yet to be constructed at the time of purchase, does the buyer have any consumer rights over defective quality?See Q&A: What...
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1st Aug
Q&As
Where a lease for less than seven years is granted out of a registered title, can it legitimately be protected by registering a unilateral notice?Yes,...
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1st Aug
Q&As
An individual had an interest in various properties as a tenant in common and his Will provided that his interest should be transferred to his wife on...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug
Q&As
The rules on issuing a second contract, in a contract race situation, refer to ‘seller’. Does this apply they apply equally to the grant or disposal...
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1st Aug
Q&As
What will land registry require to enable a charge to be released when an individual lender was about to sign a form DS1 but passes away before...
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1st Aug
Q&As
Where a tenant is obliged to keep a whole building in good and substantial repair and condition, will this include replacement (of a roof)?There are a...
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31st Jul
Q&As
Has the meaning of ‘structure’ been judicially considered in the context of restrictive covenants? Does it include bushes and trees?We have been...
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31st Jul
Q&As
If a buyer’s solicitor is not holding original signed documents, only copies, are they ready, willing and able to complete for the purposes of serving...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul
Q&As
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...
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Produced in partnership with Alexander Campbell of Field Court Chambers 31st Jul
Q&As
If a property sale contract includes a restrictive covenant but the restrictive covenant is not thereafter reflected in the completed transfer is that...
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31st Jul
Q&As
A developer goes into administration, leaving a number of plots unbuilt. The developer had taken deposits from individual buyers in respect of those...
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31st Jul
Q&As
Is there any benefit to having an agreement for lease where the set completion date is known and no other conditionality or works etc are...
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31st Jul
Q&As
Where an easement has been acquired by prescription, does that right extend to replacement of any service media which might be the subject of the...
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31st Jul
Q&As
Would a restrictive covenant requiring property to be used for 'private residential purposes' restrict it being used as an HMO?It is fairly common...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul
Q&As
Where a contract incorporates the standard conditions of sale (5th edition) without amendment, can a notice to complete be validly served on the buyer...
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Produced in partnership with Mark O’Grady of Lamb Chambers 31st Jul

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