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This Checklist is intended for situations where you act for the buyer acquiring a registered freehold or leasehold commercial property, whether with vacant possession or already let under one or more leases. It is not comprehensive and cannot anticipate every scenario in every deal. You should always assess if any further points require attention. It is assumed that: the property is not subject to any residential tenancies; and the seller is solvent This Checklist covers these principal areas: Preliminary matters Is the buyer using finance to acquire the property? Before exchange of contracts Are you ready to exchange? Exchange of contracts Post exchange steps Between exchange and completion Are you ready to complete? Completion Post completion Preliminary matters See also Practice Note: Transferring commercial property—a practical guide — Preliminary matters. Are the buyer’s instructions and intended use for the property clear? Strong due diligence and effective...
This Checklist is primarily for use on the assignment of a commercial lease This is a guidance tool for assignments of commercial leases. It is not comprehensive and may not address every circumstance on each deal. You should always consider whether any additional matters require attention. It works on the basis that: the lease relates to commercial premises let at an open market rent to an occupier, on terms under which the landlord insures the premises the assignor has used the premises for business purposes and the assignee likewise intends to use them for their business the lease is a head lease and the premises are not held under any underleases the lease is not subject to a fixed charge (this would be uncommon in practice), and no premium is payable If the assignment forms part of a wider or more complex arrangement, you may find further relevant material in Acquisition of commercial property (buyer)—checklist and Practice Note: Transferring...
Use this Checklist when representing the seller in the disposal of a registered freehold or leasehold commercial property, whether with vacant possession or subject to one or more leases. It is not comprehensive and will not address every eventuality for every transaction. You should always consider if any additional matters need to be dealt with. Always reflect on whether other relevant issues should be addressed. It is assumed that: the property has no residential tenancies, and the seller is solvent It includes the following key sections as part of the transaction: Preliminary matters Is the property subject to a legal charge? Before exchange of contracts Are you ready to exchange? Exchange of contracts Post exchange Between exchange and completion Are you ready to complete? Completion Post completion Preliminary matters See also Practice Note: Transferring commercial property—a practical guide—Preliminary matters. Are the seller’s instructions clear? Effective due...
Murnells London Ltd v Christopher Beale [2025] EWHC 2651 (TCC) What was the background? The claimant, Murnells London Ltd (MLL), brought Part 7 enforcement proceedings and sought summary judgment to give effect to an adjudication decision awarding £365,332.97 plus interest against Christopher Beale in relation to renovation works at his property. Following a tender by ‘Murnells Ltd’ (ML), now in administration, the defendant and ML signed a letter of intent dated 9 June 2023 naming ML as contractor. Thereafter, successive versions of a full construction contract were executed. Despite the letter of intent identifying ML, every signed iteration of the contract named Murnells London Limited (MLL), rather than ML, as contractor. Works progressed and extensions of time were requested. A Non-Completion Certificate was issued on 18 November 2024, followed on 26 November 2024 by the defendant’s contractual termination letter to MLL alleging repudiatory breach of contract. MLL asserted that the termination was unlawful and itself amounted to a repudiation of the contract. A termination account was issued on...
ARCHIVED: This Practice Note has been archived and is not maintained Originally prepared for Lexis Practice Advisor® in the United States, this Practice Note outlines the copyright registration process and covers: the advantages of federal registration preparing and lodging a copyright application (online or on paper) applicable filing fees the deposit obligation replying to enquiries from the US Copyright Office the potential for preregistration of particular categories of works The Copyright Office also issued notices revising certain timing provisions and widening electronic submission options in response to the coronavirus (COVID-19) pandemic. For an overview of copyright law, see Practice Note: US—copyright fundamentals [Archived]. Benefits of copyright registration Copyright arises the moment an author commits an original work of expression to a fixed medium (for example, on paper, in a computer file, or as a sound recording). There is no need under the Copyright Act to register a work with the Copyright Office to obtain the bundle...
This Practice Note provides links to Q&As covering many of the most common property enquiries. The answers are not updated and therefore reflect the law as at the date they were issued. For the latest guidance and additional detail, follow the links in each answer. Building Safety Act 2022 For practical guidance on the Building Safety Act 2022, see: Building Safety Act 2022 property and property disputes collection. Under the Building Safety Act 2022 (BSA 2022), leases completed before 14 February 2022 are qualifying leases (subject to all other criteria), so a leaseholder/landlord certificate is required. For relevant buildings constructed or converted after 1 October 2023, the new Building Regulations apply; a final BR certificate would evidence compliance with the BSA 2022. What documents should a buyer expect in relation to the BSA 2022 where a developer acquired a building after 14 February 2022 and converted it to residential use before 1 October 2023? How do the conditions for a ‘qualifying lease’...
On 19 November 2025, the Building Safety Levy (England) Regulations 2025 (SI 2025/1236) were made, establishing a charge on specified new or enlarged residential schemes, under powers in the Building Safety Act 2022 (BSA 2022). The revenue will help fund the remediation of building safety defects across England. The Regulations commence on 1 October 2026. They define when liability to pay arises, identify who must pay, and set out the method of calculation. This Practice Note explains the context for the regime and highlights its principal features. Background to the levy The creation of the building safety levy (BSL) through these Regulations sits within the UK government’s response to the 2017 Grenfell Tower Fire. It embodies the view that leaseholders ought not shoulder the expense of remedying legacy fire safety issues, nor should the taxpayer be placed under excessive strain, and that the development industry should contribute fairly to making buildings safe. In support of this, the government has begun a number of measures to make specified developers...
Date [ date ] Parties [ name of Landlord ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], whose registered office is at [ address ] [ together with an address for service in England and Wales at [ address ] ] (the Landlord); [ name of Tenant ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], with its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Tenant); [ [ name of Guarantor ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], having its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Guarantor) ]...
Date [ date ] Parties [ name of Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Owner) [ name of Developer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Developer) 1 Definitions Adjudication Date – the day on which any adjudicator appointed under HGCRA 1996 to determine a dispute regarding an amount due to: (a) the Developer under this Agreement; or (b) the Building Contractor under the Building Contract; delivers their decision; [ Adverse Rights – any easement, covenant, right or other interest affecting the Property, the release, discharge or variation of which is reasonably required to assist the Works or the use and occupation of the Development; ] [ Adverse Rights Agreement – any document that gives legal effect to the release,...
Date [ date ] Parties [ name of Fund ], of [ address ] or, alternatively, incorporated in England and Wales (company registration number [ number ]) with its registered office at [ address ] (the Fund) [ name of Developer ], of [ address ] or, alternatively, incorporated in England and Wales (company registration number [ number ]) with its registered office at [ address ] (the Developer) [ name of Guarantor ], of [ address ] or, alternatively, incorporated in England and Wales (company registration number [ number ]) with its registered office at [ address ] (the Guarantor) The parties identified above enter into this Agreement on the stated date, with roles and definitions to be applied throughout as set out herein…
Retention Retention describes the portion of interim payments the employer withholds as security for the contractor’s future performance of its duties and to encourage the contractor to discharge those duties in full and properly. For further details, consult the Practice Note: Retention of payment in construction contracts. When retention is to be released to the contractor depends on the particular contract terms for the project. Typically, half of the retained sum is paid out at practical completion, with the balance thereafter following completion of any remedial works for defects reported within the defects liability period. Consequently, if these milestones are reached before the final certificate is issued, the contractor may have a right to seek payment of some or all of the retention...