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Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Practice notes
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
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
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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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
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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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
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
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
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
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...
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9th Nov
Practice notes
Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...
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9th Nov
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Health and safety content

Q&As
Legionnaires’ disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of water contaminated with the Legionella...
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Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
Q&As
Asbestos is a collective term for six fibrous materials that occur naturally, and for many years were mined and used in combination with other...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
Article 31(1) of the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 (SI 2005/1541, art 31(1) provides a local authority with the power to...
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Produced in partnership with Elizabeth England of 42 Bedford Row 8th Jan
Q&As
The purpose of a health and safety file is to provide information relevant to the works being carried out at the time, but it must also contain...
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29th Nov
Q&As
Gas Safety (Installation and Use) Regulations 1998Where a residential premises is occupied under a lease or licence, under section 36 of the Gas...
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29th Nov
Q&As
Regulatory Reform (Fire Safety) Order 2005The requirement for a Fire Risk Assessment primarily arises from the Regulatory Reform (Fire Safety) Order...
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29th Nov

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