"The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts."
RWE
Access all documents on Arrears
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Ireland—Surrender of lease—acting for the landlord—checklist This Checklist sets out some of the key steps and issues that the landlord should consider when contemplating taking a surrender of a lease from its tenant. It is not exhaustive and you must always consider whether there are any other issues that need to be addressed in your particular circumstances. The Checklist assumes that: • the surrender is express and not by operation of law, and • there will be no re-grant in favour of the tenant immediately following the surrender This checklist can be read in conjunction with: Ireland—Surrender of lease—acting for the tenant—checklist. How to use this Checklist While the mechanics of a surrender of a lease are similar to a sale and purchase (because the tenant is selling and the landlord is buying), there are some differences. The first section (Key considerations) in this Checklist sets out key issues to consider with further detail in the table in Procedure when dealing with the surrender of a lease below. The table...
Assignment of a rack rent lease (assignor)—checklist This Checklist is primarily for use on the assignment of a commercial lease. It is not exhaustive and will not cover every eventuality for every transaction. You must always consider whether there are any other issues that need to be addressed. It assumes that: • the lease is a lease of commercial property let at an open market rent to an occupational tenant under terms where the landlord insures the property • the assignor occupied the property for the purposes of their business and the assignee also intends to occupy the property for the purposes of their business • the lease is a head lease and the property is not subject to any underleases • the lease is not subject to a fixed charge (in practice this would be unusual), and • no premium is payable If the assignment is part of a larger or more complex transaction, further relevant content may be found in Sale of commercial property (seller)—checklist and Practice Note:...
Discover our 37 Checklists on Arrears
Terminating assured and assured shorthold tenancies under section 8 of the Housing Act 1988—flowchart This Flowchart sets out the procedure for terminating an assured (AT) or assured shorthold tenancy (AST) under section 8 of the Housing Act 1988 (HA 1988), including service of a section 8 notice, issuing proceedings and the stages in the proceedings leading to an order for possession. Where HA 1988 applies, unless a tenant agrees to vacate a property voluntarily, a landlord can only recover possession by following the procedures set out in HA 1988, ss 8 or 21, by obtaining an order for possession and enforcing it. See Practice Note: Assured and assured shorthold tenancies—terminating. The procedure under HA 1988, s 8 can be used where either the tenant is in default of its obligations under the tenancy (for example failing to pay rent) or the landlord is entitled to possession on one of the other grounds contained in HA 1988, Sch 2 whether during a fixed term or periodic tenancy. Certain grounds for possession...
Process of an arbitration under the Commercial Rent (Coronavirus) Act 2022—flowchart [Archived] ARCHIVED: This Flowchart has been archived and is no longer maintained. This Flowchart shows the key steps in the process of an arbitration under the Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022), including eligibility for arbitration, giving notice of intention to make a reference to arbitration, the appointment of an arbitrator and submission of formal proposals for relief from payment, the process whether or not an oral hearing is requested, the awards that the arbitrator may make, and the end of the moratorium on enforcement. It is drafted on the assumption that the tenant will make the reference to arbitration but applies equally if the parties are reversed. Some details have been omitted for clarity—for full guidance see Practice Note: Rent arrears recovery under the Commercial Rent (Coronavirus) Act 2022 [Archived]. Note that the deadline for beginning a new reference to arbitration has now passed. See Practice Note: Rent arrears recovery under the Commercial Rent (Coronavirus) Act 2022...
Discover our 3 Flowcharts on Arrears
Reporting to a lender in an investment real estate finance transaction This Practice Note discusses the key common issues to consider and report to a lender (often referred to as a funder) in an investment real estate finance transaction. It does not deal with solving any title or other issues (see Checklist: Key issues for funder's property lawyers in real estate finance transactions—checklist) but focuses on the key concerns for lenders and when to report issues to the lender. Importance of reporting to a lender The lender will have obtained a substantial amount of information regarding the property and proposed business plan from the borrower as part of the early discussions on the availability of a loan and whether the property and any other relevant assets are suitable security. This information will be provided to the lender before the heads of terms are agreed and is used by the lender as the basis for its calculations on the level of finance available and the borrower's ability to...
Operating an electronic system in relation to consumer lending Under article 36H of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO), operating an electronic system in relation to lending in the UK, by way of business, is a regulated activity. This Practice Note examines the scope of the regulated activity including the main elements of operating an electronic system in relation to lending, the rules applicable to firms authorised to operate an electronic system in relation to lending and relevant exclusions from the regulated activity. Regulated activities—general Section 19(1) of the Financial Services and Markets Act 2000 (FSMA 2000) provides that a person cannot carry on a regulated activity in the UK unless they are an authorised person or exempt. In accordance with FSMA 2000, s 22, for an activity to constitute a regulated activity, it must be carried out 'by way of business'. According to the Financial Conduct Authority’s (FCA) Perimeter Guidance Manual (PERG 2.3.3 G), whether or not an activity is carried...
Discover our 289 Practice Notes on Arrears
Grazing lease—Scotland—Style Parties 1 [insert full name of party], residing at [insert address] (together with their successors as landlord under this Lease), are hereinafter together referred to as the Landlord; and 2 [insert full name of party], residing at [insert address] [and [insert full name of party], residing at [insert address]] (hereinafter [together] referred to as the Tenant). IT IS CONTRACTED and AGREED between the Parties as follows: 1 Definitions Act • means any act of the United Kingdom (UK) or Scottish Parliament and any delegated law made under it and any European Community legislation or decree having effect of law in the UK; Authority • means any statutory, public, local or other authority or any court of law or any government department or any of their duly authorised officers; Date of Entry • means [insert date of entry]; Ish • means [insert date of ish—no more than 364 days after date of entry]; Landlord's Neighbouring Property • means the neighbouring property retained by...
Template replies to CPSE 4 (version 3.3)—Supplemental pre-contract enquiries for commercial leasehold property on the assignment of the lease WARNING These template replies to enquiries are intended only as a framework and starting point to assist the Seller in building their bespoke replies to enquiries. They are not a recommended, comprehensive or conclusive list and should not be used without careful consideration and bespoke amendment to suit the particular transaction. Replies to enquiries form part of the contract and it is imperative that they are correctly tailored to the specific matter and do not include any false or flippant statements. They should also not contain any generic statements, such as ‘Not to the Seller’s knowledge’, unless the Seller has made an effort to discover a more comprehensive answer to the enquiry. Such a response contains within it an implication that the Seller has itself made reasonable enquiries relation to the enquiry in question. You must stress to your client the importance of reviewing the draft replies very carefully and, if...
Dive into our 74 Precedents related to Arrears
Can a court in England and Wales make an attachment of earnings order in relation to a party who is employed in Singapore? What is the process to enforce an order made in this jurisdiction via Reciprocal Enforcement of Maintenance Order or the Lord Chancellor where a defaulting party resides and works in Singapore? In England and Wales, the provisions as to an attachment of earnings order are set out in the Attachment of Earnings Act 1971 and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 39. Both provisions appear to be silent as to enforcement against an overseas employer and overseas earnings by the method of attachment of earnings. It would appear, therefore, that the appropriate method of enforcing a maintenance order made in this jurisdiction against a debtor working and living in another jurisdiction is via the Reciprocal Enforcement of Maintenance Order (REMO) process, and that attachment of earnings as a method of enforcement applies only to a debtor employed in this...
Does the Family Court have jurisdiction to stay or dispose of proceedings that have been issued in the County Court seeking alleged arrears of global maintenance? The Crime and Courts Act 2013 (CCA 2013) made significant changes to the County Courts Act 1984 (CCA 1984) and the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). CCA 2013, s 17 inserted CCA 1984, s A1, which established a single County Court. It also inserted MFPA 1984, s 31A, which provided for the establishment of the Family Court. CCA 2013, Sch 10 also inserted a number of provisions into MFPA 1984 governing the establishment of the Family Court. By MFPA 1984, s 31C(1), the various classes of the judiciary were constituted also judges of the Family Court. By MFPA 1984, s 31E(1), in any proceedings in the Family Court, the court may make any order which could be made by the High Court if the proceedings were in the High Court, or which could be made by the...
See the 493 Q&As about Arrears
The Supreme Court has unanimously allowed the appeal, holding that a creditor is put on inquiry in any non-commercial hybrid transaction where, on the face of the transaction, there is a more than de minimis (ie trivial) element of borrowing that serves to discharge the debts of one of the borrowers and so might not be to the financial advantage of the other. Joanne Wicks KC, barrister at Wilberforce Chambers, and Tricia Hemans, barrister at Falcon Chambers, discuss the implications of the judgment.
Law360, London: A London court has ordered the owner of a property in Piccadilly Circus to repay more than £640,000 it overcharged tenant Picturehouse Cinemas by loading insurance premiums for the premises with top-end broker commissions for the landlord to pocket.
Read the latest 67 News articles on Arrears
**Trials are provided to all ÑÇÖÞÉ«ÇéÍø content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ÑÇÖÞÉ«ÇéÍø services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234