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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 contracts content

Practice notes
Sub-sale—ready, willing and able to complete?SDLT is not payable by a sub-seller in a conventional sub-sale which ordinarily completes. So long as the...
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10th Aug
Practice notes
Merger of freehold and leasehold titles—law and land registration procedureMerger may determine a lease when both the lease and the reversion on that...
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10th Aug
Practice notes
Property and registration fraudThe Law Society and HM Land Registry’s collaboratively produced practice note provides guidance to conveyancers...
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10th Aug
Practice notes
When does a valuer’s liability arise?A valuer estimates or assesses the worth or value of, or fixes a price for, a property. The note does not cover...
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10th Aug
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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10th Aug
Practice notes
Estoppel and property lawThis Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of...
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10th Aug
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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10th Aug
Practice notes
Dealing with rent arrearsCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary...
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10th Aug
Practice notes
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
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10th Aug
Practice notes
Rescission—failure to obtain landlord’s consentWhile this Practice Note primarily covers commercial property matters, it also touches on residential...
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9th Aug
Practice notes
The title register—contents, effect and conclusiveness of registrationThe registerEach individual register consists of a property register, a...
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9th Aug
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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9th Aug
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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9th Aug
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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9th Aug
Practice notes
Property deeds—use and execution of deeds in property transactionsIntroductionThis Practice Note looks at when deeds are required in property...
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9th Aug
Practice notes
Misrepresentation, misstatement and non-disclosure in property mattersThis Practice Note looks at misrepresentation, misstatement and non-disclosure...
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9th Aug
Practice notes
Land registration—restrictionsA restriction can be entered in the register and indicates that the proprietor's powers of disposition are fettered in...
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9th Aug
Practice notes
Buying property at auctionBuying at auctionBuying a property through auction has its benefits compared to buying on the open market:•the property may...
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9th Aug
Practice notes
Flying freeholdsA freehold includes all the land below it and all the airspace above it, so two freeholds should not overlap. However, practitioners...
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9th Aug
Practice notes
Property implications of the Consumer Rights Act 2015The Consumer Rights Act 2015 (CRA 2015) has implications for property lawyers in relation to:•the...
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9th Aug

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