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Author Archives: Mahinan Pathmanathan
Grant of lease: Acting for the tenant
The information required by the tenant’s s conveyancing solicitor is the same as that required by a conveyancing solicitor from the buyer in the case of a freehold purchase of land. The draft contract and draft Lease When a contract … Continue reading
Grant of lease: the pre-contract package
This article discusses the contents of the pre-contract package in a leasehold contract. General principles Generally, the landlord’s conveyancing solicitor is required to produce the following documents; a) Draft contract (when applicable) b) Draft lease c) Evidence of the freehold … Continue reading
Grant of lease: drafting the contract
The landlord’s conveyancing solicitor will also have to draft a contract for the lease as and when required. It is drafted in the same way that the seller’s solicitor drafts a sale of freehold property. But the contract must mention … Continue reading
Grant of lease: taking instructions from the landlord
The information required by the conveyancing solicitor acting on behalf of the landlord is almost the same as information required from the seller in the case of a freehold transaction. This article discusses about the process of taking instructions from … Continue reading
Formalities involved in the grant of lease
When residential property is let on a short-term basis, the process to grant a lease is informal and often does not consist of anything except for the fact that the landlord has to take references and present the lease to … Continue reading
What are Commonhold properties?
To solve the problems caused by disposition of leases in interdependent units such as flats, office blocks, shopping centres etc. the government introduced the ‘commonhold’ type of ownership. Under this type of ownership, individual units are held as freehold, but … Continue reading
Landlord’s remedies for breach of covenant
For non payment of rent A landlord who has not received his rent can pursue the following actions as remedy; a) He can initiate a debt action under the Limitation Act to recover the rent. However, this must commence within … Continue reading
Different ways for determination of leases
Leases can be determined in a number of ways. However, most leases enjoy statutory protection that allows them to be terminated in certain prescribed ways. This article discusses about the different aspects related to the determination of leases. Effluxion of … Continue reading
Regulations about liability on covenants in leases
The biggest advantage of lease is that it is possible to enforce covenants between the parties. The underlying principles guiding the liability of these covenants in leases are explained below. Leases granted on or after 1st January 1996 Leases that … Continue reading
Characteristics and types of leases, formalities, and registration
This article discusses about leases in detail; its characteristics, types, formalities and registration. Essential characteristics A lease is an interest in the land that gives exclusive possession to the tenant for a fixed period of time. The most important aspect … Continue reading
Leasehold conveyancing: Grant of lease, Assignment, and Sub-Letting
It is important to understand the different terminologies associated with leasing. This article explains these terminologies in detail. When the owner of the property or the landlord creates a lease in favour of a tenant, he creates the ‘grant’ of … Continue reading
Common illustrations of leasehold property
The residential market Short term residential lettings Short-term letting of residential property refers to the grant of lease for a short period of time such as a full year at open-market rent rates. This lease does not have any capital … Continue reading
Advantages and disadvantages of owning leasehold property
There are several reasons why people decide to sell their property as leasehold as opposed to freehold. The following article explains about advantages and disadvantages of leaseholds. The first major reason could be that there is a readily available market … Continue reading
Specific Performance as remedy for breach of contract
Specific performance of a contract is an equitable remedy and only available at the discretion of the court. But it is not uncommon in the case of sale of land because no two pieces of land are similar and damages … Continue reading
Property sale contract: misrepresentation and consequences
By the legal definition, misrepresentation refers to an untrue statement of fact made by one party, and which is not only relied upon by the aggrieved party but also induces him to enter the contract, causing him to suffer loss. … Continue reading
Rescission of property sale contract
Rescission in the context of conveyancing is often referred as a remedy in the case of contracts where there has been a problem due to misrepresentation, fraud, mistake, etc. The following explains about rescission in detail, including the contractual right … Continue reading
Breach of contract in property sale transaction
A contract for the sale of land is similar to other contractual agreements and is hence subject to the general principles of the law of contract. Contractual remedies are available to a person, but only to an extent where there … Continue reading
Compensation for delay in property sale completion
Compensation is to be paid for any delay caused. Besides compensation, common law also lays out rules for payment of interest. The following discusses the different provisions mentioned in Standard Conditions. These are often considered inadequate and hence parties refer … Continue reading
Chain transactions and delay in property sale completions
In the case of chain transactions, delay in completion assumes significance. Thus, if sale is not completed in one transaction, he may not have the money (from the proceeds of sale) to pay for another transaction with which this sale … Continue reading
Service of notice if completion doesn’t happen as planned
When it appears that a property sale contract is not likely to be completely any time soon, the aggrieved party may consider serving a fresh notice where time is made the essence of the contract. A new date of completion … Continue reading
Delayed completions in property sale transactions
There are several reasons why completion can be delayed and is not effected on the contractual date. Some instances of delay include, the buyer not being able to get funds from his lender, and delay caused by the seller being … Continue reading
Registering of title after property sale completion
The time limit prescribed for submission of application of registration should be complied with. This time limit and the effect of non-compliance depend on whether it is the first registration or whether registration is for land that is already registered. … Continue reading
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