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Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
What is the difference between joint insured, co-insured and composite insured?

What is the difference between joint insured, co-insured and composite insured?

What is the difference between joint insured, co-insured and composite insured?In financing and construction documentation for development projects it...

If a restrictive covenant is expressed to be made pursuant to section 33 of the Local Government (Miscellaneous Provisions) Act 1982, can a council as covenantee release a covenantor from the said restrictive covenant at any time using the usual standard deed of release of covenant?

If a restrictive covenant is expressed to be made pursuant to section 33 of the Local Government (Miscellaneous Provisions) Act 1982, can a council as covenantee release a covenantor from the said restrictive covenant at any time using the usual standard deed of release of covenant?

If a restrictive covenant is expressed to be made pursuant to section 33 of the Local Government (Miscellaneous Provisions) Act 1982, can a council as...

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the...

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Legal Guidance

Q&As

If a sales agreement is silent as to environmental liabilities, what is the position? If an actionable nuisance comes to light after the property has been sold (such as escape of water onto neighbouring property) who is liable; (a) the party that caused the nuisance, or (b) the owner of the property at the time the nuisance is discovered? Is there a Precedent contract clause which states that the seller retains liability for actionable nuisance, if it can be shown that they caused the issue?

If a sales agreement is silent as to environmental liabilities, what is the position? If an actionable nuisance comes to light after the property has...
13th Jun
Q&As

How do the conditions relating to a ‘qualifying lease’ under section 119(2)(d) of the Building Safety Act 2022 operate?

How do the conditions relating to a ‘qualifying lease’ under section 119(2)(d) of the Building Safety Act 2022 operate?Under section 119(2) of the...
12th Jun
Q&As

How can an express declaration of trust be terminated if both parties wish to terminate it? The parties also wish to remove the relevant restriction from the land register by sending a Form RX4.

How can an express declaration of trust be terminated if both parties wish to terminate it? The parties also wish to remove the relevant restriction...
Produced in partnership with Helen Galley of XXIV Old Buildings 10th Jun
Q&As

Where the tenant of a long commercial lease dies, does the tenancy automatically terminate or does it vest in the tenant’s personal representatives?

Where the tenant of a long commercial lease dies, does the tenancy automatically terminate or does it vest in the tenant’s personal representatives?A...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Jun
Q&As

The freehold reversion of property is in the name of two registered proprietors one of whom has recently died. There is a Class A restriction on the register entries (the property to be held by them beneficially as tenants in common in equal shares). Can the sole surviving landlord enter into a licence to assign a lease of the property and any other supporting security documentation such as an authorised guarantee agreement and rent deposit deed? That surviving trustee/landlord’s affairs are dealt with under a lasting power of attorney. If that landlord does not have capacity can the attorney exercise such powers to deal with the licence to assign?

The freehold reversion of property is in the name of two registered proprietors one of whom has recently died. There is a Class A restriction on the...
10th Jun
Q&As

A lease of a shop premises expires in 2018. Since 2009 the tenant has failed to pay business rates and has left the country. There are therefore substantial business rates arrears. The landlord has not forfeited the lease and has claimed rent arrears for the guarantor. However, the guarantor may not be in a financial position to also meet the business rates arrears. If the landlord takes possession of the premises, will they be liable to pay the business rates arrears going back to 2009 or will they only be liable for future business rates?

A lease of a shop premises expires in 2018. Since 2009 the tenant has failed to pay business rates and has left the country. There are therefore...
10th Jun
Q&As

What are wayleave compensation payments for electricity wayleaves and what happens if they can’t be agreed?

What are wayleave compensation payments for electricity wayleaves and what happens if they can’t be agreed?Any holder of a licence under the...
10th Jun
Q&As

In a straightforward liquidation, where a company owning a freehold and leasehold property transfers those properties up to its single shareholder, (with no debt being secured on the properties), is SDLT chargeable?

In a straightforward liquidation, where a company owning a freehold and leasehold property transfers those properties up to its single shareholder,...
10th Jun
Q&As

Is the higher rate of stamp duty land tax (SDLT) payable where a couple are separating, selling the matrimonial home and purchasing separate properties?

Is the higher rate of stamp duty land tax (SDLT) payable where a couple are separating, selling the matrimonial home and purchasing separate...
10th Jun
Q&As

Is it possible to reclaim value added tax (VAT) on the purchase of a property if the purchaser has not paid a sum equal to the VAT to the seller and the debt has not been written off by either party?

Is it possible to reclaim value added tax (VAT) on the purchase of a property if the purchaser has not paid a sum equal to the VAT to the seller and...
10th Jun
Q&As

Will the 3% higher rates of SDLT apply to the purchase of a dwelling by a partnership with individual partners where the partners all own other dwellings?

Will the 3% higher rates of SDLT apply to the purchase of a dwelling by a partnership with individual partners where the partners all own other...
10th Jun
Q&As

When does a periodic tenancy become liable to Stamp Duty Land Tax?

When does a periodic tenancy become liable to Stamp Duty Land Tax?A periodic tenancy (where the tenancy has no fixed term and continues from period to...
10th Jun
Q&As

Is an SDLT return required on the part of the landlord who is party to a deed of surrender under which no premium is payable, but payment is made by the tenant of liquidated damages as compensation for tenant breaches of the lease to be surrendered?

Is an SDLT return required on the part of the landlord who is party to a deed of surrender under which no premium is payable, but payment is made by...
10th Jun
Q&As

When a tenant pays a rent deposit that remains the tenant’s money under the terms of the rent deposit deed, does a supply arise for VAT purposes at the time of that payment, or not until (and unless) the landlord appropriates all or part of the deposit towards unsatisfied liabilities?

When a tenant pays a rent deposit that remains the tenant’s money under the terms of the rent deposit deed, does a supply arise for VAT purposes at...
10th Jun
Q&As

Is a bank required to pay stamp duty land tax and submit a return when it sells a property following repossession? Is the position the same when a bank exercises its right to staircase from 50% shared ownership to 100% shared ownership simultaneously on completion of the sale to the buyer so that it sells 100% of the property to the buyer? The chargeable consideration for the staircasing is payable by the buyer at completion and there is no contract between the bank and the housing association.

Is a bank required to pay stamp duty land tax and submit a return when it sells a property following repossession? Is the position the same when a...
Produced in partnership with Sean Randall of Blick Rothenberg 10th Jun
Q&As

When transferring Property X from AB to A and Property Y from AB to B for no monetary consideration, would the two transfers be considered a gift for SDLT purposes, or would the other transfer be deemed consideration? The properties are wholly owned as 50:50 tenants in common, there would be no contract between A and B, and the transfers would be completed on different days.

When transferring Property X from AB to A and Property Y from AB to B for no monetary consideration, would the two transfers be considered a gift for...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Jun
Q&As

A private pension fund is changing its corporate trustees. Two commercial properties will be transferred from Corporate Trustee A to Corporate Trustee B, and the beneficiary (being the private pension fund) is not changing. The consideration for the transfer has not yet been confirmed. Is there an obligation to file and pay stamp duty land tax in respect of the transfer or will this fall within the bare trust provisions because the ultimate owner is not changing?

A private pension fund is changing its corporate trustees. Two commercial properties will be transferred from Corporate Trustee A to Corporate Trustee...
Produced in partnership with Michael Fluss of Keystone Law 10th Jun
Q&As

A is buying a property which is intended to replace their main residence but, as it is a new-build, they are likely to have to complete the purchase before the sale. If contracts have been exchanged in the sale when completion of the purchase occurs, is there any relief from paying stamp duty land tax at the additional rate?

A is buying a property which is intended to replace their main residence but, as it is a new-build, they are likely to have to complete the purchase...
10th Jun
Q&As

If a purchaser owns a property in a company name, and is now looking to acquire a property in their individual name, does this attract higher rates of stamp duty land tax?

If a purchaser owns a property in a company name, and is now looking to acquire a property in their individual name, does this attract higher rates of...
Produced in partnership with Sean Randall of Blick Rothenberg 10th Jun
Q&As

Will the purchase of a second property be subject to higher SDLT rates if the purchaser retains an interest in a previous matrimonial home by way of legal charge?

Will the purchase of a second property be subject to higher SDLT rates if the purchaser retains an interest in a previous matrimonial home by way of...
10th Jun

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