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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
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
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
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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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
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
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
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
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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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
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
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9th Nov
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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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 Property taxes content

Practice notes
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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10th Mar
Q&As
Stamp duty land tax (SDLT) is charged on chargeable land transactions under section 42 of the Finance Act 2003 (FA 2003) and is, subject to some...
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10th Mar
Practice notes
This Practice Note is about the issues that arise on a transfer of a going concern involving land and buildings.A transfer of a going concern (TOGC)...
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Produced in partnership with Martin Scammell 9th Mar
Practice notes
CORONAVIRUS (COVID-19): the Coronavirus (Scotland) (No 2) Act 2020 received royal assent on 26 May 2020. This includes provisions at part 4 of...
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Produced in partnership with Ronnie Brown of Burness Paull 9th Mar
Practice notes
CORONAVIRUS (COVID-19): Revenue Scotland is not processing paper returns due to COVID-19. Agents are encouraged to make returns through SETS (the...
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Produced in partnership with Ronnie Brown of Burness Paull 9th Mar
Practice notes
Land and buildings transaction tax (LBTT) replaced stamp duty land tax (SDLT) in Scotland with effect from 1 April 2015. This Practice Note provides...
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Produced in partnership with Ronnie Brown of Burness Paull 9th Mar
Practice notes
FORTHCOMING CHANGE relating to PAIFs and CoACS: The Scottish government announced in its budget 2019–2020 that it intends to introduce two reliefs...
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Produced in partnership with Ronnie Brown of Burness Paull 9th Mar
Practice notes
The Local Government Finance Act 1988 (LGFA 1988) identifies three categories of ratepayer:•occupiers•owners, and•persons named in central rating...
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4th Mar
Practice notes
This Practice Note is about the VAT issues that arise in residential developments. It covers:•different types of development•the implications of...
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Produced in partnership with Martin Scammell 3rd Mar
Practice notes
This Practice Note is about the VAT issues that arise in commercial developments. It first considers a straightforward unproblematic scenario, and...
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Produced in partnership with Martin Scammell 3rd Mar
Practice notes
This Practice Note provides an overview of the stamp duty land tax (SDLT) treatment of the following common lease transactions:•grant of a...
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1st Mar
Practice notes
This Practice Note looks at the way that options and pre-emption agreements over UK land are treated for stamp duty land tax (SDLT) purposes. Options...
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1st Mar
Q&As
It is the duty of the purchaser to deliver a return within 14 days after the effective date of the transaction (see section 76 of the Finance Act 2003...
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25th Feb
Q&As
No. The 'additional SDLT' (or 'surcharge' or 'residential higher rates' or higher 3% rates) is only repayable where there is a disposal of a dwelling...
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Produced in partnership with Sean Randall of Blick Rothenberg 24th Feb
Q&As
Stamp duty land tax (SDLT) is charged on chargeable land transactions (the acquisition of a chargeable interest). A land transaction is not chargeable...
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15th Feb
Q&As
Stamp duty land tax (SDLT) is charged on chargeable land transactions under section 42 of the Finance Act 2003 (FA 2003) and is imposed by reference...
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15th Feb
Q&As
When a company acquires property from a connected person stamp duty land tax (SDLT) is generally charged by reference to the market value of the...
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15th Feb
Q&As
Stamp duty land tax (SDLT) arises on chargeable transactions and is calculated by reference to the rates set out in section 55 of the Finance Act 2003...
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15th Feb
Q&As
This Q&A assumes the purchaser is an individual.The higher rates apply to a purchase of a major interest in a single dwelling by an individual, if at...
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15th Feb

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