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Practice notes
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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19th May
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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19th May
Q&As
Should an indemnity covenant in a transfer deed (TR1) require the transferee to indemnify 'the transferor's estate and effects' as well as the...
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19th May
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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19th May
Practice notes
What is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an association of persons bound together by...
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19th May
Practice notes
A surrender and re-grant by operation of law can occur if an agreed variation of the terms of a lease is so fundamental that the law regards it as...
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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
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
Practice notes
An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those...
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19th May
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered address is at]...
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19th May
Q&As
Is a standard Form N the best restriction to enter when a person has a beneficial interest in land owned in joint names and wants to avoid...
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19th May
Practice notes
Merger may determine a lease when both the lease and the reversion on that lease become vested in the same person and that person holds both interests...
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19th May
Precedents
Special conditionsNote: words in capitals and/or bold have special meanings that are defined in the Glossary. Words that are neither in square...
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19th May
Practice notes
The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the...
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19th May
Practice notes
In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the...
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19th May
Practice notes
What is a pre-emption?A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Most recent Residential contracts content

Q&As
Is there any reason why a trainee solicitor cannot exchange contracts on a residential property transaction?A sale contract becomes legally binding on...
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1st Aug
Practice notes
Client conflicts in conveyancing or property matters—when can you act?There are two types of conflict: own interest conflicts (sometimes called...
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31st Jul
Practice notes
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
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31st Jul
Practice notes
Return or forfeiture of a depositBuyer’s right to returnA buyer’s right to the return of their deposit is a legal right arising out of breach of...
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31st Jul
Practice notes
Contract racesThe Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of...
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31st Jul
Practice notes
Liability for breach of property contract after completionThis Practice Note considers when contractual obligations merge on completion of a property...
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31st Jul
Practice notes
Contracts for the sale of land—formation, signature and variationIntroductionA contract for the sale, or other disposition, of an interest in land is...
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31st Jul
Practice notes
How does completion happen?IntroductionThis Practice Note looks at the mechanics of completing the sale and purchase of a property.Traditionally,...
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31st Jul
Practice notes
Who is responsible for the property—SCs?The Standard Conditions of Sale (5th Edn) (5th edition) (SC) reflect the open contract position. They confirm...
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31st Jul
Practice notes
The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
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31st Jul
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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31st Jul
Practice notes
Sub-sales and assignmentsA sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell...
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31st Jul
Practice notes
Vacant possessionVacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion.In...
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31st Jul
Practice notes
Bribery Act 2010 for property lawyersThe Bribery Act 2010 (BA 2010) came into force on 1 July 2011. BA 2010 repealed and replaced the common law...
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31st Jul
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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31st Jul

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