Residential contracts

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Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 9th Nov
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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9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
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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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
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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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
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
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Residential contracts content

Practice notes
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...
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2nd Dec
Precedents
DATE [date]Parties1[name of Seller] [of OR incorporated in England and Wales (with company registration number [number]) whose registered office is at...
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1st Dec
Practice notes
Properties are sold at auction for a number of reasons:•for a quick sale•the property may have been repossessed•the property may need significant...
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29th Nov
Practice notes
Rescission can either mean a contract is discharged by breach, or that a contract is treated as if it never existed—known as rescission ab initio....
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29th Nov
Q&As
On 13 March 2020, the Law Society issued guidance in respect of residential conveyancing transactions in light of coronavirus. It is suggested that...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Precedents
Name: [insert name]Address: [insert address]It is a requirement of the Estate Agents Act 1979 that you understand and accept our terms and conditions...
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29th Nov
Q&As
It is commonly the case on the sale of a leasehold property that ground rent, service charges and any contributions to a reserve fund are payable in...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Precedents
Service charge retention pending final apportionment1DefinitionsCurrent Year•the Service Charge year in which Completion occurs;Retention•the sum of...
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29th Nov
Q&As
The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.There is no common law...
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29th Nov
Practice notes
To be a deed, an instrument must be validly executed:•by the person executing it or a person authorised to execute it in the name of or on behalf of...
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29th Nov
Practice notes
Rectification is an equitable remedy by which the court can correct an error of expression where a written document does not match the parties'...
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29th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Standard Conditions of...
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29th Nov
Practice notes
This Practice Note considers when contractual obligations merge on completion of a property contract and remedies that may be available after...
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29th Nov
Practice notes
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...
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29th Nov

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