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Latest Property News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

Property weekly highlights—13 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Featured Property content

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...

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...

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....

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...

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...

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)....

9th Nov

Practice notes

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

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

9th Nov

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...

9th Nov

Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th Jan

Precedents

Template completion statement—sale

An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...

9th Nov

Practice notes

Fixtures and fittings

When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...

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....

9th Nov

Practice notes

Implied easements—common law

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...

9th Nov

Practice notes

Easements—actionable interference

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...

9th Nov

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 12th Jan

Scottish Law

Practice notes

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...

9th Nov

Practice notes

Benevolent funds

A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...

9th Nov

Practice notes

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

9th Nov

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...

9th Nov

Most recent Transfers and assignments content

Practice notes

Legal and equitable assignment in construction contracts

Legal and equitable assignment in construction contractsWhat is an assignmentAn assignment is the transfer of a right or an interest vested in one...

15th May

Practice notes

Virtual execution of documents

Virtual execution of documentsCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in...

15th May

COVID-19

In-house

Practice notes

Electronic signatures

Electronic signaturesCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response...

15th May

COVID-19

In-house

Practice notes

Formalities where an overseas company is buying, selling or leasing land in England and Wales

Formalities where an overseas company is buying, selling or leasing land in England and WalesThe fact that an overseas company is a seller, buyer,...

13th May

Q&As

Will the 3% SDLT higher rates applicable to buy to let properties apply to residential lease extensions?

Will the 3% SDLT higher rates applicable to buy to let properties apply to residential lease extensions?Our answer assumes that the property owned by...

13th May

Precedents

Deed of assignment—construction projects

DateParties1[insert name] (Company Registration No. [insert number]) whose registered office is at [insert address] (the "Assignor")2[insert name]...

5th May

Practice notes

Incoming landlord’s liability for pre-existing breaches

As from completion, an incoming landlord is:•(in the case of an ‘old’ tenancy ie granted pre-1 January 1996) bound by all landlord covenants that have...

4th May

Precedents

Transfer of part by way of exchange

Transfer of partPrecedent transferExchanges are now almost invariably effected by separate transfers, each containing the usual title guarantees given...

21st Apr

Precedents

Transfer of whole by way of exchange

Transfer of wholePrecedent transferExchanges are now almost invariably effected by separate transfers, each containing the usual title guarantees...

20th Apr

Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

20th Apr

Precedents

Transfer of whole

Transfer of wholePrecedent transferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from this link: Drafting...

20th Apr

Precedents

Sub-sale transfer

Sub-sale transferPrecedent transferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the link on this...

20th Apr

Precedents

Surrender of registered lease

Transfer for a surrender of a leasePrecedent transferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the...

20th Apr

Precedents

Transfer for sale by administrator

Transfer for sale by administratorPrecedent TransferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the...

20th Apr

Precedents

Transfer of portfolio of titles (whole or part)

Form TR5—Transfer of portfolio of titles (whole or part)Precedent transferAn adaptable Word version of the precedent form TR5 can be downloaded, saved...

20th Apr

Precedents

Surrender of part and variation of registered lease (TP1)

Transfer for a surrender of part and variation of a leasePrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded,...

20th Apr

Precedents

Transfer for sale by liquidator

Transfer for sale by liquidatorPrecedent TransferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the link...

20th Apr

Precedents

Transfer for sale by LPA or fixed charge receiver

Transfer for sale by LPA/fixed charge receiverPrecedent TransferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or...

20th Apr

Precedents

Transfer for sale by administrative receivers

Transfer for sale by administrative receiversPrecedent TransferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed...

20th Apr

Q&As