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Property in Wales

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Latest Property News

Property weekly highlights—16 September 2021

Property weekly highlights—16 September 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—16 September 2021

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

UK parking nightmare—what is happening with NCP’s restructuring plan?

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property content

Resulting trusts

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

Easements and perpetuities

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or...

Title guarantee and covenants for title

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...

What is a certificate of title?

What is a certificate of title?

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...

Practice notes

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

A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes

Occupiers and overriding interests

Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
Practice notes

Headline rents

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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19th May
Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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19th May
Q&As

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes

Starter tenancies

A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes

Dealing with rights of access in property transactions—Scotland

Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
tag iconScottish Law
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...
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19th May
Precedents

Contract for sale—agricultural land—freehold, vacant possession

Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Q&As

What happens to an under lease/sub-lease when the landlord of the under lease lawfully assigns the head lease to the tenant of the under lease so that the tenant of the under lease in effect becomes the tenant of the superior landlord as he has been assigned the head lease? Is the under lease automatically extinguished or does it merge with the head lease?

What is merger?A lease terminates as a result of merger when both the lease and the reversion of that lease become vested in the same person—see Rye v...
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19th May
Practice notes

Tenant’s insurance issues—rent suspension

No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes

Is the agreement a grazing licence or farm business tenancy?

Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes

Who is liable for inherent defects?

Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents

Simple declaration to exclude Part II Landlord and Tenant Act 1954 (guarantor)

EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As

Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?

The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes

Modification and release of restrictive covenants—the non-statutory route

See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Property in Wales content

Practice notes

Assured and assured shorthold tenancies—terminating

Assured and assured shorthold tenancies—terminatingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and...
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3rd Sep
tag iconScottish Law tag iconCOVID-19 tag iconIn-house
Practice notes

Assured and assured shorthold tenancies—granting

Assured and assured shorthold tenancies—grantingCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure...
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3rd Sep
tag iconIn-house
Practice notes

Wales: Land transaction tax (LTT)—particular transactions and taxpayers

Wales: Land transaction tax (LTT)—particular transactions and taxpayersLand transaction tax (LTT) replaced stamp duty land tax (SDLT) in Wales with...
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Produced in partnership with Andrew Evans of Geldards LLP 30th Aug
Practice notes

Wales: Land transaction tax (LTT)—the basics

Wales: Land transaction tax (LTT)—the basicsThis Practice Note provides an overview of land transaction tax (LTT) which replaced stamp duty land tax...
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Produced in partnership with Andrew Evans of Geldards LLP 30th Aug
Practice notes

Wales: Land transaction tax (LTT)—chargeable consideration and rates of LTT

Wales: Land transaction tax (LTT)—chargeable consideration and rates of LTTLand transaction tax (LTT) replaced stamp duty land tax (SDLT) in Wales...
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Produced in partnership with Andrew Evans of Geldards LLP 16th Aug
Practice notes

Wales: Land transaction tax (LTT)—administration and compliance

Wales: Land transaction tax (LTT)—administration and complianceCORONAVIRUS (COVID-19): There is a delay in processing correspondence (including...
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Produced in partnership with Andrew Evans of Geldards LLP 16th Aug
Practice notes

Introduction to Social housing regulation

Introduction to Social housing regulationThere are two separate regimes governing social housing in England and Wales. Each country had its own...
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15th Aug
Practice notes

Environment (Wales) Act 2016—snapshot

Environment (Wales) Act 2016—snapshotThe Welsh Government introduced the Environment (Wales) Bill (E(W) Bill) on 11 May 2015. The Environment (Wales)...
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Produced in partnership with Dr Victoria Jenkins of Hillary Rodham Clinton School of Law, Swansea University 11th Aug
Precedents

Assured shorthold tenancy (Wales)

Assured shorthold tenancy (Wales)Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts...
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10th Aug
Q&As

Do managing agents who only receive ground rent have to be registered with Rent Smart in Wales?

Do managing agents who only receive ground rent have to be registered with Rent Smart in Wales?The short answer to this Q&A is yes if the managing...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 10th Aug
Q&As

Is the section 21 notice process and requirements under the Housing Act 1988 different for Welsh landlords and properties than for English properties and landlords? Do the requirements for the landlord to submit to the tenants an energy performance certificate, gas safety certificate and how to rent guide apply to section 21 notices in respect of Welsh landlords and properties?

Is the section 21 notice process and requirements under the Housing Act 1988 different for Welsh landlords and properties than for English properties...
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Produced in partnership with Alexander Campbell of Field Court Chambers 10th Aug
Q&As

Does a landlord in Wales need to be registered with the Rent Smart Wales Scheme in order to serve a valid section 21 notice?

Does a landlord in Wales need to be registered with the Rent Smart Wales Scheme in order to serve a valid section 21 notice?Rent Smart Wales (the...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 10th Aug
Practice notes

A summary of the Renting Homes (Wales) Act 2016

A summary of the Renting Homes (Wales) Act 2016Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure...
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10th Aug
Practice notes

Operation of the Use Classes Order in Wales

Operation of the Use Classes Order in WalesThe making of 'any material change in the use of any buildings or other land’ is ‘development’ for the...
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9th Aug
Practice notes

Green belt and green wedge policy in Wales

Green belt and green wedge policy in WalesIntroductionThe planning systems in England and Wales have become increasingly distinct in recent years,...
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Produced in partnership with Stephen Morgan of Landmark Chambers 9th Aug

Popular documents

Breach of statutory duty

Breach of statutory duty

Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care

Fixtures and fittings

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 contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the

Discharge by frustration

Discharge by frustration

Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus (COVID-19) and contractual obligations—checklisttogether with the Q&A (in the related content pod on the right hand side) for