Contracts

Contracts guidance:

Agreements for sale of commercial property The Standard Commercial Property Conditions (First Edition) were published in May 1999. At that stage it had become clear that...

Practice Note

The Third Edition The third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard Commercial Property...

Practice Note

The Standard Conditions of Sale (SCS) are a set of conditions usually incorporated into contracts for sale for residential property. The Standard Commercial...

Practice Note

DATE [insert date] Parties 1 [insert name of Seller] [of OR incorporated in England and Wales (with company registration number [insert number]) whose registered office...

Precedents

Clause 1—Definitions Amend the definition of Completion Date: Completion Date [insert date] being the completion date fixed by the Original Contract Add the following...

Precedents

1 Anti-bribery—short form—pro-customer Bribery Laws means the Bribery Act 2010 [and associated guidance published by the Secretary of State for Justice under the Bribery...

Precedents

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. Whenever a property is sold, outgoings and any...

Practice Note

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

Practice Note

The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. BA 2010 repealed and replaced the common law offence of bribery and various statutory offences prohibiting...

Practice Note

1 Definitions CIL the Community Infrastructure Levy introduced by sections 205 – 225 of the Planning Act 2008 (and/or any equivalent form of taxation or levy introduced...

Precedents

Arrears due diligence for buyers Arrears are sums due from tenants which have not been paid to the seller as at completion (including any VAT in respect of such sums)....

Practice Note

This Checklist is intended to help a buyer’s solicitor carry out an initial review of the first draft of a contract for the purchase of commercial property issued by the...

Practice Note

Purpose of a deposit A deposit serves two purposes: • as the seller’s security for the buyer’s performance of the contract • part payment of the purchase price when the...

Practice Note

When does risk pass to the buyer? The fundamental principle which most contracts invariably follow is that risk passes to the buyer on exchange of contracts—the parties...

Practice Note

Management between exchange and completion Following exchange the parties will need to agree how management matters will be dealt with in the period until completion....

Practice Note

Which sums are apportioned at completion? When a property is being sold the parties need to agree in the contract how income and outgoings are to be dealt with at...

Practice Note

Are title clauses just standard ‘boilerplate’? Many commercial property contracts will deal with title matters in a similar way and often there is little scope or need to...

Practice Note

What happens to rent deposits on a sale? How the sale contract should deal with rent deposits depends, of course, upon the terms of the relevant deposit deeds. Sellers...

Practice Note

Buying at auction Buying a property through auction has its benefits compared to buying on the open market: • the property may be purchased at a good price • the auction...

Practice Note

This Practice Note set out some of the key issues to be considered when acting on the purchase of a property from a Self-Invested Personal Pension (SIPP) or a Small...

Practice Note

Produced in partnership with Martin Wilson 1 Capital allowances—for use where the Seller has claimed plant and machinery allowances and the parties will enter into a s...

Precedents

The two most common methods available to challenge a planning decision are judicial review and statutory review. See Practice Notes: Scope of judicial review in planning...

Practice Note

1 Definitions Assumption of Liability Notice a notice in accordance with regulation 31 of the CIL Regulations Buyer’s Works the Buyer’s proposed development of the whole...

Precedents

Licensing 1 Definitions Business the [insert number ][star] hotel business operated by the Seller at the Property providing for [accommodation type] [sale food and...

Precedents

There are two types of conflict: own interest conflicts (sometimes called solicitor-client conflicts) and client conflicts of interest. This Practice Note explains when...

Practice Note

How should the money be transmitted? Under Standard Condition of Sale (SC) 6.7 the buyer must pay the completion monies by direct transfer of cleared funds to an account...

Practice Note

How should the money be transmitted? Most contracts relating to commercial property incorporate either the second or third editions of the Standard Commercial Property...

Practice Note

Completion statements calculator Completion statements calculator This calculator applies the apportionment method under the Standard Commercial Property Conditions (2nd...

Precedents

1 Rent deposit[s] All money deposited with or held by the Seller as security for payment of rent and other sums payable and for performance of covenants by a tenant under...

Precedents

1 Tenancy Deposit[s] 1.1 On the grant of the Tenancy Agreement[s], the Tenant[s] paid [a deposit of £[insert figure] ('the Tenancy Deposit') OR deposits in the sums set...

Precedents