Clause bank for property lawyers

This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 ( Tr A 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed...

This Practice Note provides an overview of agency. It outlines the core features of the relationship between principal and agent, covering methods of appointing an agent to represent a principal, the various forms of appointment, and the scope of an agent’s authority to act for a principal. It also explains the extent and source of an agent’s power when acting for the principal. It identifies how appointments are made and the breadth of authority conferred in practice. Nature of agency Agency arises where a principal engages an agent to act in accordance with their instructions and for them, for defined objectives. In commercial settings, this typically involves introducing or finalising contracts between the principal and customers or other third parties. In practice, ‘agent’ is used loosely to describe, eg, distributors whose functions resemble those of agents, yet who are not agents in law......

Appointing a receiver offers creditors and certain other parties a means to safeguard their interests in a company’s assets. This note outlines the available forms of receivership and the key consequences of a receiver being appointed. For access to materials within the Receivership subtopic, refer to: Receiverships—overview. The following features apply across all receivership types: A company does not have to be insolvent to enter receivership Other creditors may still pursue claims despite a receiver being appointed During the receivership, the company’s dealings with property covered by the appointment are curtailed Receivership does not automatically lead to liquidation (the winding up of its affairs) Further points specific to particular receivership forms are outlined below. Law of Property Act ( LPA)/fixed charge receiver Under the Law of Property Act 1925 ( LPA 1925), a mortgagee may appoint an LPA...

This Practice Note reviews the duty of fair presentation under the Insurance Act 2015 ( IA 2015), which applies to non-consumer insurance. For practical guidance on disclosure in the consumer context, see Practice Note: A guide to the Consumer Insurance ( Disclosure and Representations) Act 2012. For fuller coverage of IA 2015, see Practice Note: Insurance Act 2015 ( IA 2015)—essentials... Duty of ‘fair presentation’ Under IA 2015, s 3, an insured must give a fair presentation of the risk to the insurer. This duty comprises three distinct elements: disclosure: the insured must comply with either the ‘primary’ or ‘secondary’ disclosure obligation: primary duty: the insured must reveal every material circumstance it knows or ought to know. For what is ‘known’, the relevant knowledge is that of those tasked with arranging the insurance on the...

Under section 101(1)(iii) of the Law of Property Act 1925 ( LPA 1925), a mortgagee may appoint a receiver (an LPA receiver) if the mortgage takes effect by deed. The scope of an LPA receiver’s authority is prescribed by section 109(3) LPA 1925 and is confined to calling in income (such as rent) from the charged property. It is essentially a right to receive monies that the property yields. An LPA receiver lacks any authority to dispose of the property by sale. Because the statutory powers are narrow, security instruments typically add express terms allowing the secured party to appoint a receiver in stated events, and to confer wider powers than those available under the LPA 1925. These frequently include a power to sell the asset by that receiver. Authority to effect a sale will ordinarily be sourced from the...

A court may order the payment of occupation rent where one beneficial co-owner moves out of a property and the other remains in residence, enjoying its use and advantages without sharing them during that period. Before the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996), such matters were resolved by equitable doctrines labelled ‘equitable accounting’ or ‘equitable compensation’ by the courts. In Stack v Dowden, Baroness Hale explained that these equitable principles were superseded by TOLATA 1996, ss 12 and 13. Nonetheless, subsequent authorities still refer to those principles and pre- TOLATA 1996 case law; despite the shift to a statutory framework; and in Stack v Dowden itself, Baroness Hale indicated that the criteria in TOLATA 1996 should be applied rather than the old cases, though outcomes may often be the same in practice and frequently align. It is not necessary to prove an...

What is a grazing agreement? A grazing agreement is where a landowner permits a grazier to use the owner’s land to graze animals that belong to, or are under the care of, the grazier. Such arrangements are often put in place for the summer period ( April to October), but they can run for any length and at any time of year. Depending on the circumstances, the arrangement may amount to a licence or a tenancy. Status of grazing agreements under the Agricultural Holdings Act 1986 The Agricultural Holdings Act 1986 ( AHA 1986) provides security of tenure and other significant rights to anyone who holds a ‘contract of tenancy’ of ‘agricultural land’. ‘ Agricultural land’ covers land used for ‘agriculture’, and ‘agriculture’ expressly includes ‘grazing’ ( AHA 1986, ss 1, 96(1)). A ‘contract of tenancy’ is defined as a ‘letting of land, or...

If a tenant gives up some or all of the holding under an agricultural tenancy, whether because the landlord has served a notice to quit or otherwise, each party may have a claim to compensation. The potential level of compensation due from the landlord to the tenant can influence the decision to serve a notice to quit, and its timing. Compensation is primarily governed by statute, under either the Agricultural Holdings Act 1986 ( AHA 1986) or the Agricultural Tenancies Act 1995 ( ATA 1995), though common law and customary entitlements still play a small residual part. The express provisions of the tenancy agreement must also be considered. Claim by Tenant Tenant-right A tenant holding a tenancy protected by AHA 1986 and entered into after 1 March 1948 is entitled to compensation for ‘tenant-right’. Where the Act provides this entitlement, any claim based on custom or on an...

What are heat networks? Heat networks are systems that deliver heating to multiple users within a single building (communal heating) or across several buildings (district heating), drawing on shared heat source(s) and a shared distribution network of pipes and plant. Heat is usually supplied as hot water—steam is uncommon—and there is a growing move towards circulating lower temperature, ‘ambient’ heat... Where a DHN connects multiple properties, heat exchangers are typically employed to provide hydraulic separation between the central network and the individual building systems. This permits different pressures and circulation rates, and makes it easier to manage temperatures (and ownership) within local buildings... For further detail on the engineering of district heating networks, see Practice Note: District heating/heat networks—technology. This Practice Note summarises the obligations under the Heat Network ( Metering and Billing) Regulations 2014, SI 2014/3120 (as amended), which form a specific element of the legal...

This Practice Note centres on a ‘single landowner’ model, either where a fresh lease is granted for a stand-alone scheme, or where an existing lease remains and the battery storage plant is added alongside on land already leased by the developer. A number of land rights considerations must be addressed at the outset of project decision-making; these will matter both to promoters of potential battery locations and to those exploring new opportunities on operational sites. The principal points are outlined below. For a summary of the main construction aspects in battery storage schemes, see Practice Note: Energy storage—construction issues. For detail on regulatory hurdles and prospects for energy storage, see also textbook: Energy Storage: Legal and Regulatory Challenges and Opportunities. What property rights are typically sought for a battery storage...

What is an assignment An assignment involves passing a right or interest held by one party (the assignor) to another (the assignee), such as transferring an employer’s rights under a building contract to the buyer of the finished works. In this Practice Note, the party required to perform the contractual obligations is called the 'obligor'. A properly effected assignment allows the assignee to require performance of contractual duties—for instance, to request rectification of defects and/or to commence proceedings. This Practice Note explores the various mechanisms available by which parties may implement an assignment within construction documentation (eg construction contracts, appointments and collateral warranties), together with the consequences of doing so. It also clarifies the practical impact of each method for parties seeking to secure or enforce rights effectively......

The general anti-abuse rule (the GAAR): neutralises, by way of just and reasonable adjustments made by HMRC or the taxpayer, any tax advantage that would, absent the GAAR, arise from abusive tax arrangements; and has been in force since 17 July 2013 (the date of Royal Assent to the Finance Act 2013), except that, for National Insurance contributions, it has applied only from 13 March 2014. This Practice Note: describes the Finance Act 2021 measures that adapted the standard GAAR procedures for partnerships; explores the GAAR’s purpose; sets out when the GAAR applies and examines: the meaning of tax arrangements and tax advantages; the taxes within scope; what is “abusive” for GAAR purposes; and the GAAR penalty; outlines taxpayer safeguards built into the legislation; explains how the GAAR interacts with other...

This Practice Note sets out the requirements under common law and the Agricultural Holdings Act 1986 ( AHA 1986) in respect of notices to quit served in respect of an agricultural holding and the special grounds (or ‘ Cases’) under AHA 1986, Sch 3. Any notice given under the Agricultural Holdings Act 1986 ( AHA 1986) must, at the very least, meet the common law rules for notices to quit, except where altered by the tenancy agreement. Nevertheless, where the AHA 1986 imposes stricter obligations, those will take precedence over both common law and contractual provisions. In the vast majority of situations, an agricultural holding will be an annual periodic tenancy, either because it was originally granted on that basis or because it has been treated as such by the operation of AHA 1986, ss 2 and 3. The following common law and statutory rules...

The Building Act 1984 ( BA 1984) BA 1984 authorises the Secretary of State or Welsh Ministers to create building regulations for multiple aims, among them safeguarding the health and safety of people in or around buildings. It creates criminal liability for contraventions of those regulations. It further allows practical guidance on the requirements of the building regulations to be set out in Approved Documents. The Building Regulations 2010, SI 2010/2214 ( Building Regulations), are issued under BA 1984 as its enabling statute......

The Building Act 1984 ( BA 1984) authorises the Secretary of State and the Welsh Ministers to make Building Regulations for a range of purposes, including protecting the health and safety of people in or around buildings. It creates criminal liability for contraventions of those regulations and confers enforcement powers on local authorities. This Practice Note outlines guidance on the enforcement of Building Regulations. See Practice Note: Obtaining building regulations approval for guidance on when approval is required and how Building Regulations approval is secured. General power of local authorities to enforce Building Regulations and exemptions from enforcement BA 1984, s 91(2) states that enforcing the Building Regulations within their area is a function of local authorities. This is subject to situations where BA 1984, ss 91ZA or 91ZB provide that the Building Safety Regulator ( BSR) is the building control...

Introduction The escalating effects of climate change are creating fresh categories of risk for property owners, occupiers, lenders and lawyers. On 12 May 2025, the Law Society of England and Wales released its Practice Note on Climate Change and Property ( PN25), together with a supplementary Technical Note explaining physical climate risks. PN25 sets out how climate-related risks should be approached in property transactions across residential, commercial and mixed-use assets. These risks are not solely an issue for landowners or society at large; they carry legal ramifications too, as evidenced by the growing body of climate litigation. PN25 reflects the Law Society’s view of good practice and does not amount to legal advice. It recognises that certain subjects, such as the physical effects of climate change, extend beyond purely legal matters and that solicitors are not competent to advise on them. However, subject to client...

FORTHCOMING CHANGES : At Budget 2025, the government stated it will legislate via Finance Bill 2026 (also known as Finance ( No 2) Bill 2024–26) to introduce measures targeting promoters or enablers of marketed tax avoidance. The provisions are set out in Part 6 of the Bill (as introduced on 4 December 2025) and cover: updates to the DOTAS and DASVOIT civil penalty regime so that HMRC can issue DOTAS penalties directly, rather than seeking tribunal approval; a general prohibition on promoting marketed arrangements that have no realistic prospect of success, and a prohibition on promoting arrangements specified in universal stop regulations ( USRs). A breach of either prohibition would attract a range of sanctions, including publication, financial penalties and criminal prosecution; promoter action notices ( PAN). A PAN would require businesses to cease providing goods or services to promoters of tax avoidance where those goods or...

Lenders and other financiers commonly obtain an assignment of the benefit of the suite of construction documents in respect of a development as an extra element of the security package supporting their loan to fund the project. See Practice Notes: Assignment in construction contracts and Legal and equitable assignment in construction contracts for further guidance and practical context. This Practice Note also examines the various approaches used for such an assignment and highlights some of the risks involved. For convenience in this note, all funders are called ‘banks’. Why does a bank wish to take an assignment? It should be noted that assigning the construction documents is only one of a number of security measures that a bank will hold. It will also probably register a charge against the employer itself and will also benefit from a suite of collateral warranties from the...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...