Multiple dwellings relief (MDR) applies to: • a single transaction the main subject matter of which includes interests in more than one dwelling, or • one of a number of linked transactions, the main subject matter of which

See Practice Note: Higher rates of SDLT on additional residential properties which states that a beneficiary of a bare trust or a trust for life is treated as the purchaser for the purposes of the higher 3% rates, see also paragraphs 10–11 of Part 3 of Schedule

The death of the landlord does not bring the original tenancy to an end. It vests in the landlord’s personal representatives and the landlord’s interest will be assented or otherwise vested in the relevant beneficiaries (under section 1 of the Administration of Estates Act 1925). For further reading, see Commentary: Death of a lessor: Hill and Redman's Law of Landlord and Tenant [1324]. A tenant cannot be compelled to sign a tenancy agreement and tenancies of under three years can be created orally. However, if the landlord

Local authorities are under a general duty to take such steps as may be necessary to secure so far as practicable that its district is kept free from rats and mice, and, in particular: • from time to time to carry out such inspections as may be necessary for this purpose • to destroy rats and mice on land of which it is the occupier and otherwise to keep such land so far as practicable free from rats and mice and • to enforce the duties of owners and occupiers of land under Part I of the Prevention of Damage by Pests Act 1949 (PDPA 1949) and to carry out such operations as are authorised by those provisions This Q&A assumes for the purposes of this question that the local

It is an essential characteristic of a lease that the landlord gives exclusive possession to the tenant for the term. See Commentary: Distinction between lease and licence: Hill and Redman's Law of Landlord and Tenant [290]–[341]. A landlord has no general right of entry onto the demised premises and requires an express right in order to enter and do repairs. As explained in Commentary: Rights of entry to carry out works and recover costs: Hill and Redman’s Law of Landlord and Tenant [3569], ‘Clauses which expressly reserve rights of entry to the landlord for particular purposes will be strictly construed and the court will be reluctant to imply additional rights in the landlord's favour. Thus a covenant allowing the landlord to enter demised premises to carry out works was held not to confer a right to enter to carry out works of improvement.’

Currently, the asset of community value (ACV) provisions in the Localism Act 2011 (LA 2011) and Assets of Community Value (England) Regulations 2012, SI 2012/2421 do not prohibit the redevelopment of an ACV. LA 2011, s 95(1) states that a person who is an owner of land included in a local authority's list of ACV must not enter into a relevant disposal of the land unless a moratorium period has ended, during which time the community can bid for the asset. ‘Relevant disposal’ is defined in the LA 2011, s 96 (essentially

Adverse possession (often colloquially referred to as 'squatters’ rights') was until 2003 a common law doctrine that enabled a person who had been in factual possession of land owned by another for a specified period of time (12 years, with certain longer periods required for particular circumstances, e.g. Crown land), with an intention to possess (often deduced from the acts making up factual possession), without the consent of the owner: see, generally, J A Pye (Oxford) Ltd v Graham. In such circumstances, the owner was barred from obtaining possession of the land, and ownership passed to the trespasser. However there will be relatively few cases in which court proceedings relating to adverse possession will arise. These will be cases where it is contended that adverse possession entitling the possessor to registration as the proprietor of the land occurred prior

Meaning of ‘covenant’ Definition and construction of covenant: Halsbury’s Laws of England [448] states: ‘A covenant is an agreement contained in a deed whereby the parties, or some or one of them, are or is bound to do or not to do a specified thing...The word will, however, be construed to cover stipulations in an agreement under hand if otherwise it would have no effect, as where a document refers to the “covenants” contained in a lease which is not by deed. The words of a covenant are to be taken most strongly against the covenantor; but this must be qualified by the observation that due regard must be paid to the intentions of the parties as collected from the whole context of the instrument.’ It appears,

Unless the wording of the indemnity covenant describes the surviving owner’s interest as being solely limited to half the property (assuming they held equally and not in different proportions), then the surviving and now sole owner is still bound by the covenant. The existing indemnity covenant should be sufficient as it should describe the surviving’s owner’s interest by reference to their ownership of the land (which

In partnership with Kevin Leigh of No 5 Chambers Change of use from C1 use class (which includes a boarding or guest house) to C3 (residential use) would be a material change of use requiring planning approval.

The question is, when did the change of use to HMO occur? If it pre-dated the Article 4 direction, then it remains lawful in planning terms since such use would have been permitted by Class L of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 assuming it is an HMO within Class 4 of the Town and Country Planning (Use Classes) Order 1987, SI 1987/764. If the use was outwith Class

It is assumed that the seller and the buyer of the property are third parties acting at arm’s length and that the property transferred between them is located in England and Wales and that the effective date is completion. Even though a seller may have a mortgage over its interest in a property, this does not mean that a sale of that property to a buyer will be subject to that mortgage. This depends on what the parties agree. Normally, a transfer is not subject to an existing mortgage. The information below discusses a transfer that is subject to a mortgage, as well as one that is not. Transfer subject to seller’s existing mortgage If a property is transferred to a buyer subject to a seller’s existing mortgage, the purchaser assumes the seller’s liability. An assumption of debt by the buyer forms