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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 Residential property content

Practice notes
Reasonable and best endeavoursThis Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that...
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17th Sep
Q&As
What resources do you have relating to the form of transfer which the tenant sends to the landlord to acquire the freehold reversion to the...
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15th Sep
Practice notes
Without prejudice and subject to contractSubject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter...
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13th Sep
Practice notes
Exclusion clauses in property contracts—misrepresentationThis Practice Note explains why exclusion clauses are used in property contracts and when...
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13th Sep
Practice notes
Dealings with equitable interests in residential conveyancingNote: In practice, the terms ‘equitable’ and ‘beneficial’ tend to be used interchangeably...
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11th Sep
Practice notes
Buying property from a sole surviving co-ownerCo-ownershipWhere property is purchased in the joint names of two or more co-owners a statutory ‘trust...
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11th Sep
Practice notes
Residential tenancies and the Immigration Act—'Right to Rent'Coronavirus (COVID-19): This Practice Note contains guidance which may be impacted by the...
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9th Sep
Q&As
When acting for a lender in respect of a legal charge and debenture, is it necessary to register the debenture at HM Land Registry as well as the...
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9th Sep
Practice notes
Taking security over landCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution...
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9th Sep
Practice notes
Taking security over unregistered landCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19)...
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9th Sep
Practice notes
Third party securityCoronavirus (COVID-19): The Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan Scheme (CBILS) and Coronavirus...
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9th Sep
Practice notes
Fixed and floating chargesThere are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note...
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9th Sep
Practice notes
Fixtures and fittingsWhen transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express...
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8th Sep
Practice notes
Assured and assured shorthold tenancies—terminatingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
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3rd Sep
Practice notes
Tenancy deposit schemesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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3rd Sep
Practice notes
Assured and assured shorthold tenancies—grantingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure...
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3rd Sep
Q&As
Where property is held on the statutory trusts for the issue of an intestate, do the issue take as tenants in common or as joint tenants?Where a...
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3rd Sep
Practice notes
Dealing with individuals in a finance transaction—investigating capacity and authorityThis Practice Note considers the issues which can arise when...
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2nd Sep

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