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Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
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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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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9th Nov
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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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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9th Nov
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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9th Nov

Most recent Residential property content

Practice notes
Assured and assured shorthold tenancies—terminatingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
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13th May
Practice notes
Minimum energy efficiency standards (MEES)—prohibition on letting substandard domestic propertyCoronavirus (COVID-19): The requirements to obtain an...
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13th May
Practice notes
Minimum energy efficiency standards (MEES) in the private rented sector—snapshotCoronavirus (COVID-19): The requirements to obtain an EPC before a...
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13th May
Practice notes
A summary of the Renting Homes (Wales) Act 2016Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure...
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13th May
Practice notes
A summary of types of private residential tenanciesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
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13th May
Practice notes
Price and service transparency—law firmsFrom 6 December 2018, law firms must publish information on their website on the prices they charge and what...
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12th May
Practice notes
From the middle of the 19th century, Parliament encouraged individuals to give land for charitable purposes (notably education and religion) by...
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11th May
Practice notes
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...
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11th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance which may be impacted by the government’s response to the COVID-19 outbreak. For further...
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7th May
Q&As
Under LTA 1987, s 1, a landlord is prohibited from making a relevant disposal affecting any premises to which LTA 1987, Pt I applies without first...
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5th May
Practice notes
As from completion, an incoming landlord is:•(in the case of an ‘old’ tenancy ie granted pre-1 January 1996) bound by all landlord covenants that have...
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4th May
Practice notes
There are two types of conflict: own interest conflicts (sometimes called solicitor-client conflicts) and client conflicts of interest. This Practice...
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30th Apr
Q&As
The question raises issues with regards to the situation that arises when the fixed contractual term of an assured shorthold tenancy (AST) under the...
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Produced in partnership with Stephen Murch of 42 Bedford Row 29th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.The Fourth Money Laundering Directive (4MLD), replacing the Third Directive which...
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27th Apr
Q&As
Firstly, it is important to ensure that what is being dealt with is a true licence. Our Practice Note: Using licences and tenancies at will gives some...
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27th Apr

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