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Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
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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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
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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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
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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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
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...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov

Most recent Residential property content

Practice notes
‘HMOs are, or are usually, domestic premises originally designed for occupation by one family, which have been converted for occupation by a number of...
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23rd Feb
Practice notes
This Practice Note sets out the scope and application of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer)...
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18th Feb
Precedents
date [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
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18th Feb
Q&As
Where a person dies intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable property of the...
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15th Feb
Q&As
Please note: the Housing and Planning Act 2016 received Royal Assent on 12th May 2016 and proposes major changes to local authority tenancies once in...
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13th Feb
Q&As
Local housing authorities (LHAs) have a duty to effectively implement mandatory licensing in their district. Prior to 1 October 2018, not all houses...
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13th Feb
Q&As
Duties of an environmental health officerThe housing health and safety rating system (HHSRS) was introduced by the Housing Act 2004 (HA 2004). It...
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Produced in partnership with Alexander Campbell of Field Court Chambers 13th Feb
Q&As
In so far as the husband has missed paying spousal maintenance to the wife, she should take enforcement action pursuant to Part 33 of the Family...
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Produced in partnership with Matthew Haynes of St Ives Chambers 12th Feb
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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12th Feb
Precedents
To [insert name of landlord or receiver of rent]of [insert address]From [insert name of qualifying tenant]of [insert address], being an address in...
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12th Feb
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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12th Feb
Precedents
To: [insert name of landlord or tenant as appropriate]of [insert address of landlord or tenant]Property: [insert description of property to which...
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12th Feb
Precedents
To [insert landlord's name OR insert name of qualifying tenant]of [insert address]Take notice that:1This notice relates to the proposed acquisition of...
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12th Feb
Precedents
To: [insert name and address of claimant]1I have received [a copy of] your notice dated [insert date] claiming the right to have [the freehold OR an...
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12th Feb

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