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Latest Property News

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

The following Property news provides comprehensive and up to date legal information on Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

Liability for costs of repair (City of London v Leaseholders of Great Arthur House)

Liability for costs of repair (City of London v Leaseholders of Great Arthur House)

The following Property Disputes news provides comprehensive and up to date legal information on Liability for costs of repair (City of London v Leaseholders of Great Arthur House)

Property weekly highlights—29 April 2021

Property weekly highlights—29 April 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—29 April 2021

Featured Property content

What is a certificate of title?

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

The equity of redemption

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

Manorial rights

Manorial rights

Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...

Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes

Without prejudice and subject to contract

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

Tacit relocation in commercial leases in Scotland

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 12th Jan
tag iconScottish Law
Practice notes

Headline rents

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
Precedents

Rent authority letter—commercial property

[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

Deed of grant of easements

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

Applying the proceeds of sale

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
Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...
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9th Nov
Practice notes

Rent suspension or cesser

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

Insolvency—fixed charge receivership

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
Practice notes

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
tag iconIn-house
Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents

Rent Review Memorandum

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

Disclosable overriding interests questionnaire

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
Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov

Most recent Statutory compliance content

Practice notes

Energy performance certificates (EPCs)—what are they and when are they required?

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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4th May
Practice notes

Energy efficiency—Part L of the Building Regulations

Updated in partnership with WSPLegislative backgroundThe Building Regulations 2010 (Building Regulations 2010), SI 2010/2214 set out the basis of...
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4th May
Practice notes

Fire safety developments following the Grenfell Tower fire

This Practice Note sets out key developments in relation to fire safety following the Grenfell Tower fire on 14 June 2017. Among other things, it...
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4th May
Practice notes

Energy performance certificates (EPCs)—energy assessor accreditation and energy assessments

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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28th Apr
Practice notes

BREEAM key requirements

What is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating and certifying the...
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Produced in partnership with Author of the WSP Group 28th Apr
Q&As

How will the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 affect tenants?

Tenants should be aware that if their property is rated as being below the required energy efficiency level by 2018, then it is likely that they will...
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28th Apr
Practice notes

Display energy certificates (DECs)—what are they and when are they required?

What is a display energy certificate (DEC)?DECs were introduced to raise public awareness of energy use and to inform visitors to public buildings...
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28th Apr
Practice notes

Construction (Design and Management) Regulations 2015

The Construction (Design and Management) Regulations 2015 (the Regulations) came into force on 6 April 2015. Their purpose is to make health and...
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Produced in partnership with Gowling WLG 8th Apr
Practice notes

CDM 2015—transitional provisions [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.The Construction (Design and Management) Regulations 2015, SI 2015/51, (CDM 2015)...
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8th Apr
Practice notes

CDM Regulations 2015—what's changed? [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. The Construction (Design and Management) Regulations 2015, SI 2015/51, (CDM...
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8th Apr
Practice notes

Landlords' duties—smoke alarms, carbon monoxide detectors, gas and electrical safety

This Practice Note covers various duties imposed on private sector landlords which are aimed at increasing safety standards in private sector...
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8th Apr
Practice notes

Occupiers’ liability

Occupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of care to all his...
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8th Apr
Practice notes

Defective Premises Act—provision of dwellings

Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to...
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8th Apr
Practice notes

Equality Act 2010—common parts—reasonable adjustments—physical features

Please note that the obligations to make reasonable adjustments to the physical feature of common parts are not yet in force. Therefore, until such...
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8th Apr
Practice notes

Equality Act 2010—premises

Part 4 of the Equality Act 2010 (EqA 2010) imposes EqA 2010 duties in relation to premises. It covers disposals of premises, management of premises...
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8th Apr
Practice notes

Defective Premises Act—landlords' liability

A landlord's liability to a tenant for the state and condition of premises is generally determined by the terms of the tenancy. However, under the...
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8th Apr
Practice notes

Landlords' duties (Health and safety)

Under the 1974 Act, a duty is owed by employers to employees to ensure their health safety and welfare at work as far as reasonably practicable. In...
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8th Apr
Practice notes

Obtaining building regulations approval

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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18th Mar
Practice notes

Building regulations—enforcement

The Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984). They impose a set of minimum...
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18th Mar
Q&As

Is there any argument that an owner of a building is responsible for breaches of building regulations or does a tenant taking on a lease take on any past breaches?

The local authority for the relevant area has a duty to enforce compliance with the building regulations. Where works have been carried out on a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Mar

Popular documents

LEXISNEXIS

Term Loan B facilities

This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This

LEXISNEXIS

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case

LEXISNEXIS

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well

LEXISNEXIS

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and