Residential contracts

Featured guidance
Residential contracts guidance:

The Standard Conditions of Sale (SCS) are a set of conditions usually incorporated into contracts for sale for residential property. The Standard Commercial...

Practice Note

The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. BA 2010 repealed and replaced the common law offence of bribery and various statutory offences prohibiting...

Practice Note

Buying at auction Buying a property through auction has its benefits compared to buying on the open market: • the property may be purchased at a good price • the auction...

Practice Note

There are two types of conflict: own interest conflicts (sometimes called solicitor-client conflicts) and client conflict. This Practice Note explains when you can act if...

Practice Note

How should the money be transmitted? Under Standard Condition of Sale (SC) 6.7 the buyer must pay the completion monies by direct transfer of cleared funds to an account...

Practice Note

Contracts often provide for a condition or conditions to be satisfied before completion takes place (eg obtaining planning permission) or, in some cases,...

Practice Note

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent). Common conditions are: •...

Practice Note

The Solicitors Regulation Authority’s Handbook which contains the Solicitors Regulation Authority’s Code of Conduct (SRA Code of Conduct) applies to all conduct after 6...

Practice Note

Side letters to contracts are often used: • before exchange to make late alterations to the terms of a contract where the main document cannot easily be...

Practice Note

Under the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994), the seller will normally provide covenants for title, in standard form, by...

Practice Note

Covenants for title are implied on a transfer of land when the seller sells with full or limited title guarantee, or with their Welsh equivalents, gyda...

Practice Note

A contract for the sale of land, or of any interest in land, is void unless it complies with Law of Property (Miscellaneous Provisions) Act 1989, s 2 (LP(MP)A 1989). It...

Practice Note

Excepted contracts The contractual formalities set out in Law of Property (Miscellaneous) Provisions Act 1989, s 2 (LP(MP)A 1989) do not apply to contracts: • for leases...

Practice Note

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. When purchasing a property subject to leases it is...

Practice Note

The doctrine of proprietary estoppel Proprietary estoppel is a means by which property rights can be affected or created, so as to make the assertion of strict property...

Practice Note

Exclusion clauses aim to protect a party to a contract by excluding or limiting liability against claims for breach of contract or in tort. In the context of property...

Practice Note

Exclusivity agreements (lockout agreements) are used where the buyer wants to prevent the seller from negotiating for the sale of the property with any other...

Practice Note

Execution of deeds Most deeds entered into in the course of a property transaction will require substantive registration or the making of entries on the register by HM...

Practice Note

A valuer estimates or assesses the worth or value of, or fixes a price for, a property. This note does not cover the liability of a valuer acting as an arbitrator. Margin...

Practice Note

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 contrary. Fittings (also...

Practice Note

A freehold includes all the land below it and all the airspace above it, so two freeholds should not overlap. However, practitioners should be alive to the existence of a...

Practice Note

Since Land Registration Act 2002 (LRA 2002) came into force HM Land Registry has significantly tightened its requirements for plans. Failure to meet HM Land Registry's...

Practice Note

As of 3 August 2009 HM Land Registry has applied a policy of early completion to applications to register a new owner (and their lender) where there is no immediate...

Practice Note

Things have moved on since the days when completion took place at the property and seisin was delivered to the buyer. Completion will normally take place at the offices...

Practice Note

A notice protects the priority of a specific burden such as a restrictive covenant or right of way affecting the land in a registered title. Where the priority of an...

Practice Note

Land Registration Act 2002 (LRA 2002) provides for the concept of owner's powers. Unless there is a restriction in the register the owner is taken to be exercising it's...

Practice Note

A restriction appears in the proprietorship register and indicates that the proprietor's powers of disposition are fettered in some way. Its effect is to prevent the...

Practice Note

The general rule At common law, there cannot be two agreements that cover the same ground. When a contract is completed by deed, insofar as they cover the same ground,...

Practice Note

An important part of the process of buying or leasing a property is raising pre-contract enquiries. There are many scenarios where enquiries may need to be raised,...

Practice Note

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 in the same...

Practice Note