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Latest Property News

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Government acts to cut cost of flood insurance premiums

The following Environment news provides comprehensive and up to date legal information on Government acts to cut cost of flood insurance premiums

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Featured Property content

Mortgagees and tenants

Mortgagee’s consent to grant of leaseIf a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written...

Deed of variation of lease

This DEED is made on [date]Parties1[Insert name] [of [insert address] OR incorporated in England and Wales with company registration number [insert...

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....

Overreaching—sales by trustees of land

Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...

Practice notes

When do you need an agreement for lease?

An agreement for lease is required where the landlord and tenant cannot enter immediately into the lease itself, but need to know that the other party...

19th May

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...

19th May

Practice notes

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...

19th May

Practice notes

How unincorporated associations hold property

What is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an association of persons bound together by...

19th May

Practice notes

Apportioning service charge and transferring sinking funds

Apportioning service charge—the standard conditionsIn sales of investment properties where there are often many occupational tenancies with rental,...

19th May

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...

Produced in partnership with Kenneth S Gerber of Mitchells Roberton 19th May

Scottish Law

Practice notes

Law Society Practice Notes

Law Society practice notes clarify the Law Society's position on good practice in relation to particular issues and areas of law but are not intended...

19th May

Practice notes

Guide to reviewing certificate of title

Guide to reviewing certificate of titleCoronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to...

19th May

Precedents

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...

19th May

Practice notes

Former tenants, guarantors and overriding leases

The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...

19th May

COVID-19

Q&As

A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the transferor’s retained land. If the transferor in practice maintains that fence for over 30 years and pays all related costs, does this prevent the transferor from then enforcing the covenant? Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan?

A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

Lease surrenders

What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...

19th May

Precedents

Pre-emption agreement incorporating the Standard Commercial Property Conditions (Third Edition)

date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered address is at]...

19th May

Practice notes

Collateral security—general

The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...

19th May

Practice notes

Sub-sales and assignments

A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...

19th May

Practice notes

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...

19th May

Most recent Property taxes content

Practice notes

The option to tax land and buildings

The option to tax land and buildingsThis Practice Note is about the option to tax land and buildings. It considers the person by whom the option is...

Produced in partnership with Martin Scammell 2nd Aug

Q&As

Please could you identify what the landowner's duties are in relation to disclosing to the local authority where it has sub-divided its property and potentially created two rateable properties for business rates purposes?

Please could you identify what the landowner's duties are in relation to disclosing to the local authority where it has sub-divided its property and...

1st Aug

Q&As

Does Finance Act 2003, s 53 apply to the transfer of a chargeable interest from an individual bare trustee to a connected company beneficiary?

Does Finance Act 2003, s 53 apply to the transfer of a chargeable interest from an individual bare trustee to a connected company beneficiary?With the...

1st Aug

Q&As

Would a declaration of trust for a landlord to gift multiple properties into trust for a company owned by him to try and avoid the mortgage interest relief restriction be liable for stamp duty land tax?

Would a declaration of trust for a landlord to gift multiple properties into trust for a company owned by him to try and avoid the mortgage interest...

1st Aug

Q&As

A property is owned by a husband and wife, and a company gave money to contribute towards the purchase. If the money is then not repaid and there is a declaration of trust to give a share of the property to company, would there be stamp duty land tax and capital gains tax issues?

A property is owned by a husband and wife, and a company gave money to contribute towards the purchase. If the money is then not repaid and there is a...

Produced in partnership with Mary Ashley of Old Square Tax Chambers and Sean Randall of Blick Rothenberg 1st Aug

Q&As

Where an owner has opted to tax on a building and is selling it where the property is sold with the benefit of an existing lease can this be described as a sale of a going concern even though this is not the sale of a business?

Where an owner has opted to tax on a building and is selling it where the property is sold with the benefit of an existing lease can this be described...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 1st Aug

Q&As

Is there any saving provision under the current SDLT holiday rules for a transaction which has exchanged before 31 March 2021 but which completes after that date, due to unforeseen delays ie coronavirus (COVID-19) related?

Is there any saving provision under the current SDLT holiday rules for a transaction which has exchanged before 31 March 2021 but which completes...

1st Aug

Q&As

Are any reliefs from stamp duty land tax available where a lease is assigned to a connected company?

Are any reliefs from stamp duty land tax available where a lease is assigned to a connected company?When a company acquires property from a connected...

1st Aug

Q&As

Can trustees (who are not themselves first-time buyers) benefit from first-time buyers' relief from stamp duty land tax where the beneficiary would otherwise satisfy the conditions for the relief to apply?

Can trustees (who are not themselves first-time buyers) benefit from first-time buyers' relief from stamp duty land tax where the beneficiary would...

1st Aug

Q&As

If the landlord agrees to refund annual rent paid in advance for the period after a break date (assuming the break is exercised), is it correct or appropriate that the landlord should also refund the VAT paid on that rent?

If the landlord agrees to refund annual rent paid in advance for the period after a break date (assuming the break is exercised), is it correct or...

1st Aug

Q&As

Will the higher 3 per cent rates of SDLT apply when the owner of a rental property purchases a main residence?

Will the higher 3 per cent rates of SDLT apply when the owner of a rental property purchases a main residence?The higher 3% rates of stamp duty land...

1st Aug

Q&As

In a straightforward liquidation, where a company owning a freehold and leasehold property transfers those properties up to its single shareholder, (with no debt being secured on the properties), is SDLT chargeable?

In a straightforward liquidation, where a company owning a freehold and leasehold property transfers those properties up to its single shareholder,...

1st Aug

Q&As

What is the effective date of a lease for SDLT purposes where the tenant is carrying out works, but the site is still controlled by the landlord and the tenant has to return the keys at the end of each day?

What is the effective date of a lease for SDLT purposes where the tenant is carrying out works, but the site is still controlled by the landlord and...

1st Aug

Q&As

When assigning a commercial lease, can business rates be apportioned by the assignor so that the assignee pays its proportionate share from the date of the assignment?

When assigning a commercial lease, can business rates be apportioned by the assignor so that the assignee pays its proportionate share from the date...

1st Aug

Q&As

Is a bank required to pay stamp duty land tax and submit a return when it sells a property following repossession? Is the position the same when a bank exercises its right to staircase from 50% shared ownership to 100% shared ownership simultaneously on completion of the sale to the buyer so that it sells 100% of the property to the buyer? The chargeable consideration for the staircasing is payable by the buyer at completion and there is no contract between the bank and the housing association.

Is a bank required to pay stamp duty land tax and submit a return when it sells a property following repossession? Is the position the same when a...

Produced in partnership with Sean Randall of Blick Rothenberg 1st Aug

Q&As

What are the relevant statutory provisions in respect of the business rates vacant land exemption?

What are the relevant statutory provisions in respect of the business rates vacant land exemption?Liability for business ratesProperty which is the...

1st Aug

Q&As

My client is purchasing a large development in tranches. Can my client claim multiple dwellings relief on some of the development and apply the commercial rates of stamp duty land tax to other parts of the development or must the same rate apply for the entire development as each tranche will be linked with the other tranches?

My client is purchasing a large development in tranches. Can my client claim multiple dwellings relief on some of the development and apply the...

Produced in partnership with Charles Goddard of Rosetta Tax 1st Aug

Q&As

How is SDLT calculated when a taxpayer is obliged to acquire blighted land where there is a land and buildings cost plus other compensation payments for disturbance?

How is SDLT calculated when a taxpayer is obliged to acquire blighted land where there is a land and buildings cost plus other compensation payments...

1st Aug

Q&As

A 20-year lease was granted several years back and it appears that the tenant was not legally represented as the lease has not been registered at the Land Registry and there is no evidence that a SDLT return was filed or that tax was paid. The tenant died few months after the lease was granted. A Grant of Probate was obtained by executors. To register the lease to facilitate the assignment of the lease, a tax return needs to be filed. As the deceased tenant failed to make a SDLT return during their lifetime and it has to be done after their death, is it the executor who has the power to make the SDLT return? Furthermore, should they be referred to as the tenant/purchaser in the SDLT?

A 20-year lease was granted several years back and it appears that the tenant was not legally represented as the lease has not been registered at the...

1st Aug

Q&As

Is it possible to reclaim value added tax (VAT) on the purchase of a property if the purchaser has not paid a sum equal to the VAT to the seller and the debt has not been written off by either party?

Is it possible to reclaim value added tax (VAT) on the purchase of a property if the purchaser has not paid a sum equal to the VAT to the seller and...

1st Aug

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Property taxes

View Property by content type:

Latest Property News

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Government acts to cut cost of flood insurance premiums

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Featured Property content

Mortgagees and tenants

Deed of variation of lease

Enquiries before contract

Overreaching—sales by trustees of land

Most recent Property taxes content

Popular documents

Defects liability period and rectification of defects

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Reserved judgments

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

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