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Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

Property weekly highlights—14 January 2021

Property weekly highlights—14 January 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—14 January 2021

Finance Bill 2020—new clauses published on 25 June 2020

Finance Bill 2020—new clauses published on 25 June 2020

The following Employment news provides comprehensive and up to date legal information on Finance Bill 2020—new clauses published on 25 June 2020

Featured Property content

Overreaching—sales by trustees of land

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...

Resulting trusts

Resulting trusts

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...

Authorised guarantee agreements

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

Remedies for breach of restrictive covenants

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

Practice notes

Rent deposit deeds—common structures

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

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

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
Practice notes

Derogation from grant and the covenant for quiet enjoyment

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

Oversailing

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

Letter/certificate of non-crystallisation in property transactions

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
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

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th Jan
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

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

Conditional contracts—property

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes

Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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9th Nov
Practice notes

What is a good and marketable title?

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

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov
Practice notes

Differences—joint insured and noting

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
Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Property taxes content

Q&As

Where the outgoing tenant is no longer in occupation, but their furniture remains on the premises, can a landlord claim empty property relief for rating purposes?

We have assumed that:•the premises are in England•the outgoing tenant's lease has come to an endOccupied hereditaments—liabilityAn occupier of the...
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15th Jan
Practice notes

CGT—buy-to-let properties and business premises

Business assetCapital gains tax (CGT) may be payable on a gain from the disposal of all or part of a business asset.What is a business asset?A...
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15th Jan
Practice notes

CGT—land and leases

Basic principleAn individual works out the gain or loss when land is disposed of in the same way as for other assets. There are some special rules for...
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15th Jan
Practice notes

Business rates—charities and not-for-profit organisations

Discretionary reliefUnder section 47 of the Local Government Finance Act 1988 (LGFA 1988), charities occupying commercial property qualify for a...
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15th Jan
Practice notes

Business rates—landlord's liability for empty premises

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
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15th Jan
Practice notes

Enterprise Zones

What is an Enterprise Zone?Enterprise Zones (EZs) are designated areas of land that offer a range of benefits to businesses, with the aim of...
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15th Jan
Practice notes

Structures and buildings allowances

Expenditure incurred on or after 29 October 2018 on non-residential structures and buildings which does not qualify for plant and machinery allowances...
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Produced in partnership with Martin Wilson 14th Jan
Practice notes

3 per cent higher rates of SDLT on additional residential properties

FORTHCOMING CHANGE relating to SDLT for non-residents buying residential property: As announced at Budget 2018, confirmed at Spring Budget 2020 and...
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12th Jan
Practice notes

SDLT—residential property vs non-residential property

FORTHCOMING CHANGE relating to SDLT for non-residents buying residential property: As announced at Budget 2018, confirmed at Spring Budget 2020 and...
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12th Jan
Practice notes

SDLT—multiple dwellings relief

Multiple dwellings relief (MDR) applies to certain transactions that involve an acquisition of at least two dwellings or an acquisition of one...
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12th Jan
Practice notes

Wales: Land transaction tax (LTT)—the basics

This Practice Note provides an overview of land transaction tax (LTT) which replaced stamp duty land tax (SDLT) in Wales with effect from 1 April...
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Produced in partnership with Andrew Evans 11th Jan
Practice notes

Wales: Land transaction tax (LTT)—chargeable consideration and rates of LTT

Land transaction tax (LTT) replaced stamp duty land tax (SDLT) in Wales with effect from 1 April 2018.This Practice Note examines how LTT is...
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Produced in partnership with Andrew Evans 11th Jan
Q&As

It is understood that a mortgagee may transfer a loan it has and the mortgagee's estate in the legal charge under section 114 of the Law of Property Act 1925 to a connected company subject to statutory best value, etc and any court order that may be necessary without paying stamp duty land tax (SDLT). If a mortgagee transfers the loan and at the same time transfers as mortgagee in possession its right to its estate in the security by transferring the actual security (as it can do as the mortgage is in default) would SDLT be payable?

We are not aware of any case law, HMRC guidance or express statutory provision on this scenario. What follows, therefore, is based on basic...
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Produced in partnership with Sean Randall of Blick Rothenberg 8th Jan
Q&As

Would a farmhouse with 26 acres of land be considered as residential or mixed for the purposes of the 3% surcharge?

It depends. The size of the land indicates to some extent that this is might be a ‘mixed-use’ transaction for the purposes of stamp duty and land tax...
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Produced in partnership with Sean Randall of Blick Rothenberg 8th Jan
Practice notes

Residential service charges—VAT implications

This Practice Note is about the VAT treatment of residential service charges.Service charges payable to landlordsService charges are often payable to...
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Produced in partnership with Martin Scammell 8th Jan
Q&As

Where a landlord has agreed a reduced concessionary rent in a side letter, is stamp duty land tax payable on the rent as set out in the lease or payable on the reduced rent?

It is assumed that the land is in England or Northern Ireland.Stamp duty land tax (SDLT) is payable on the grant of a lease on any premium given by...
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Produced in partnership with Sean Randall of Blick Rothenberg 8th Jan
Practice notes

SDLT and partnerships—general principles and ordinary transactions

This Practice Note sets out the general treatment of partnerships for stamp duty land tax (SDLT) purposes, including what amounts to a partnership for...
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Produced in partnership with Kevin Griffin 8th Jan
Q&As

Can a non-profit organisation (a company limited by guarantee) that is not a registered charity claim relief from stamp duty land tax (SDLT)?

There is no specific relief or exemption for non-profit organisations. A relief applies to charities and charitable trusts. ‘Charity’ takes its...
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Produced in partnership with Sean Randall of Blick Rothenberg 8th Jan
Q&As

What is the process for transferring part of a large property where a property was converted into five separate and independent houses (self-contained). The transferor lives in one of the houses with his wife and his son lives in another. The five houses are under one title number. The transferor owns all five houses (no mortgage). What is the process to transfer one of the houses (the one he lives in) as a gift to his son?

This Q&A states that a large property has been transferred into five separate houses each of which is self-contained. A house is vertically divided...
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Produced in partnership with Helen Galley of XXIV Old Buildings 8th Jan
Q&As

What is the stamp duty land tax position when a company transfers land to a director/shareholder for nil consideration?

As a general rule (subject to some exceptions), for stamp duty land tax (SDLT) to apply to a land transaction, there must be chargeable consideration....
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Produced in partnership with Mary Ashley of 15 Old Square 8th Jan

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The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

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