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Conveyancing

Ground rent – assured tenancy?

One of the unintended consequences of escalating ground rents is that if a ground rent under a long lease becomes more than £1,000 pa (London), or more than £250 pa (outside London), it will be an assured tenancy under HA 1988.

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Land Registry – new lease

If a new lease is to be registered at the LR, then T’s solicitor should include evidence that (i) L’s mortgagee (if any), and (ii) L’s superior L (if any) have consented to the grant of the lease.

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Dreamvar – what do you do?

The CA’s decision in Dreamvar was simply one of public policy.

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Contract – implied terms

Convincing the court to imply terms into a contract can be an uphill struggle. This is particularly so with commercial contracts as the Supreme Court has made it clear (M&S [2015]) that terms will not be implied lightly.

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Overseas companies – execution

PG78 has been amended to clarify the requirements for overseas companies executing deeds by the signatures of authorised persons.
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Land Registry – DS1 delays

The LR has introduced additional anti-fraud checks for DS1s sent via the post, or using the LR portal or Business Gateway. 
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Flying freehold – the basics


Flying freeholds often have an undeserved reputation for complexity. In particular, lenders can over-react. 
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‘Clearing bank’ – definition

In November 2017, the Bank of England took over direct delivery of CHAPS. Accordingly, it became necessary to change the definition of ‘clearing bank’ in the Standard Commercial Property Conditions and the Standard Conditions of Sale.

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Management companies – restrictions

Do management company restrictions achieve any real purpose?

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