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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
Land registration—discharge of charges and early completionIntroductionEarly completion refers to the policy adopted by HM Land Registry (with effect...
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9th Aug
Practice notes
Property exclusivity agreementsAn exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating...
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9th Aug
Practice notes
Land registration—notices and priority under the Land Registration Act 2002This Practice Note considers the basic rule for priority under the Land...
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9th Aug
Q&As
In terms of the Law Society’s Conveyancing Protocol 2019, can a solicitor who is a member of the Conveyancing Quality Scheme charge a fee for a notice...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
What is the position in a conveyancing transaction if it is not possible to complete because of coronavirus (COVID-19)?On 13 March 2020, the Law...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
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
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
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
Conditional contracts—propertyContracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place...
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31st Jul
Practice notes
Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
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31st Jul
Practice notes
Sale and leasebackWhy sell and lease back?Release capitalA sale and leaseback transaction allows an owner of real estate to unlock capital. In its...
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31st Jul
Practice notes
The Law Society’s Conveyancing ProtocolThe Law Society’s Conveyancing Protocol (the Protocol) came into force on 1 April 2011, with the 2019 edition...
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31st Jul
Practice notes
Rectification—unilateral mistakeThis Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake,...
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31st Jul
Practice notes
Completion monies—standard conditions of sale (5th edn — 2018)The Standard Conditions of Sale (5th edition — 2018 revision) are primarily intended for...
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31st Jul
Practice notes
Repudiation of property sale contractsRepudiation of a contract occurs where one party communicates to the other (through words or conduct) that they...
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31st Jul

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