Transaction Management

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Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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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
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
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
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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9th Nov
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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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
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
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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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
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
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Practice notes
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
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...
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9th Nov

Most recent Transaction Management content

Q&As
The Landlord and Tenant Act 1985 (LTA 1985) was originally a consolidating statute bringing together a number of provisions relating to houses and...
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22nd Jan
Q&As
Local authority searchThe local authority (LA) search is a search of the LAs records in respect of the property. It is made up of three forms: LLC1,...
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22nd Jan
Practice notes
Ready to exchange?Check that:•all pre-contract enquiries have been satisfactorily dealt with and search results received. If the due diligence has...
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15th Jan
Practice notes
The legal due diligence teamThe buyer’s solicitor should:•consider the legal team required for the transaction—what level of expertise is needed? who...
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15th Jan
Practice notes
See: Transaction Management—overview topic to browse all of our content on transaction management.A transaction at a glanceA typical property...
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15th Jan
Practice notes
Between exchange and completion:Conditional contractsBe proactive in securing the landlord’s consent (where applicable)—follow up with the landlord’s...
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15th Jan
Practice notes
IP completion day: 11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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15th Jan
Practice notes
Between exchange and completion:Pre-completion searches and requisitionsSee: Practice Note Pre-completion searches, Pre-completion searches—checklist...
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15th Jan
Practice notes
Between exchange and completion:Conditional contractsBe proactive in securing the landlord’s consent (where applicable)—follow up with the landlord’s...
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15th Jan
Practice notes
The legal due diligence teamThe buyer’s solicitor should:•consider the legal team required for the transaction – what level of expertise is needed?...
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15th Jan
Practice notes
This Practice Note is for use following completion of the acquisition or sale of a commercial property portfolio. It is not exhaustive and you must...
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15th Jan
Practice notes
This Practice Note is for use following completion of the acquisition or sale of a multi-let commercial property. It is not exhaustive and you must...
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15th Jan
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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15th Jan
Practice notes
Ready to complete?Check that:•where required, landlord’s consent to the sale of leasehold property has been obtained•for registered land, the priority...
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15th Jan
Practice notes
Before exchange of contracts:Provide the buyer’s solicitor with a full package of legal documentation and management informationThis should include...
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15th Jan
Practice notes
Ready to exchange?Check that:•neither the seller nor its managing agents are aware of anything which would change or make incorrect the replies given...
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15th Jan
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...
Read More >
15th Jan
Practice notes
Provide the buyer’s solicitor with a full package of legal documentation and management informationThis should include for each property:•evidence of...
Read More >
15th Jan
Practice notes
Ready to complete?Check that:•where required, landlord’s consent to the sale of leasehold property has been obtained•for registered land, the priority...
Read More >
15th Jan
Practice notes
Ready to exchange?Check that:•neither the seller nor its managing agents are aware of anything which would change or make incorrect the replies given...
Read More >
15th Jan

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