Jargon explained

The best class of Title available.

A guarantee given by an outgoing tenant on the assignment of a lease for the incoming tenant’s ongoing liabilities.

A contract for the grant of a lease. Not usually required unless one or both parties are required to carry out certain obligations before completion.

The clauses in a lease that sets out whether a tenant can allow third parties to deal with the property, either by transferring the lease, underletting the property, charging the lease, sharing the property or allow others into occupation.

Legal requirements setting out the responsibility for the management of asbestos in a building by the appropriate person, usually the occupier.

A survey of a property legally required under the Asbestos Regulations highlighting areas of the property containing asbestos and giving recommendations as to its management and possible removal.

The transfer by a tenant of its lease to a third party.

The right to bring a lease to an end early by giving written notice.

Consent from Building Control within the local authority to the construction or alteration to property, usually followed by a completion certificate once the works are complete. Please note that this is not the same as Planning Permission.

The liability that a property may have under historic law to contribute towards the maintenance of a local church. See Searches for more information.

The point that the property legally changes ownership in whatever context the transaction takes, usually indicated by the receipt of monies by the seller/landlord and the dating of the legal documents by the lawyers.

Standard form pre-contract enquiries raised by a purchaser or tenant’s solicitors of a seller or landlord.

A floating charge over the assets of a company.

A deed entered into by a buyer/tenant to abide by the terms of the lease and/or any specific landlord requirements.

The wants of repair for property under the terms of a commercial lease.

A right over land such as a right of way, right of light or a right of drainage.

The process by which a tenant of a residential property exercises a legal right, created by statute, to acquire the freehold title to their property.

Usually produced by the landlord and required for most property transactions. As a property owner, an Energy Performance Certificate may also  need to be displayed on the common parts of a building. 

The point at which contracts are exchanged and the transaction becomes legally binding. Most commonly found with sales and purchases, although leases can also be subject to a contract.

An assessment required to be prepared by law by the occupier of a commercial premises evaluating potential fire hazards and persons at risk and setting out how to alleviate the risk.  

A party that guarantees the terms of the lease for the tenant, and will step in to the shoes of the tenant if the tenant fails to comply with the lease terms.

A summary of the key commercial terms agreed for entry into a property transaction, usually prepared by the landlord’s agent.

Japanese knotweed, otherwise known as Fallopia japonica, a highly invasive and destructive plant for both residential and commercial properties.

An entry on the land charges register held by the Land Registry but only used in unregistered land showing a third party’s interest in the land.

A collaboration agreement is used where adjoining landowners or promoters/developers agree to apply jointly for planning permission for a development on their combined site. Once a satisfactory planning permission which is no longer open to challenge is obtained, the parties agree to market and sell on the open market the whole of the land within the combined site that has the benefit of that planning permission.  The landowners agree to share the planning, marketing and sale costs in fixed proportions. If satisfactory planning permission is obtained and the landowners' land that benefits from that permission is sold, the landowners will share the sale proceeds in the same fixed proportions. This can be achieved either by equalisation or a land pooling trust however, specialist tax advice is essential.

A commercial entity that has the expertise and financial resources to undertake land promotion work on behalf of a landowner with the local planning authority to achieve an allocation of land for development in the Local Plan and thereafter to obtain a planning permission for development.

Land promotion agreements are increasing in popularity as an alternative to option agreements, particularly as they can be easier to negotiate and agree with land owners as there is no conflict of interests between the parties. Under a land promotion agreement the promoter typically agrees to apply for planning permission for a development on a landowner’s property and market the property for sale on the open market once planning permission has been obtained. The promoter funds the planning and marketing costs initially and these are refunded to the promoter when the land is sold. If planning permission is obtained, the landowner sells the property after proper marketing. The Promoter’s costs are reimbursed to them out of the gross sale receipts and the Promoter receives a pre-agreed percentage of the net sale receipts. If planning permission is not obtained by a certain date, the agreement automatically terminates and the Promoter’s costs are not normally reimbursed.

The method of securing a mortgage or loan on a property.

A landlord's formal consent to the assignment of the remainder of the lease term by the tenant to a third party.

A financial charge or restriction on the use of land registered with the local authority and generally imposed by the local authority, another Government body or by law and revealed in a local search.  Please see Searches for more information.

This is a document that Local planning authorities must which sets planning policies in a local authority area. This is very important when deciding planning applications for development.

An agreement for the future sale and purchase of land usually conditioned on an event.  There are several varieties of option agreement that can be formed between a developer or land trader and a landowner, including a 'call option', 'put option' or 'put and call option'.

An election made by a commercial property owner to HM Revenue and Customs to charge VAT on the property.

An agreement setting out additional payments to be made to the seller of a property after the sale has completed occurring where certain contingencies are met such as an uplift in value following the grant of planning permission.

This can be either:

• a wall that straddles the boundary above ground level and is part of a building, or
• a wall that does not straddle the boundary but nevertheless separates buildings belonging to different owners.

Consent from the local planning authority required for the development of a property or a change in its permitted use.  Please note that this is not the same as Buildings Regulation Approval.

Arises where a person has been in possession of land, without having a legal title, for long enough to be recognised as the legal owner.

A deposit lodged with a landlord as security against non-payment of rent or breaches of the terms of the lease.

The mechanism for an increase in the rent under the terms of a lease.

A restriction on the title of a property affecting how a property can be used and enjoyed.

A tax payable on the acquisition of an interest in a property (even the grant of a lease) where the consideration or the net present value is over the threshold set by HM Revenue and Customs.  You can visit the Government website to calculate the SDLT tax on your property. Please ask for advice on the SDLT payable for the grant of a new lease or if your transaction is not straightforward.  This is included as a guide only. Please ask your legal advisor to confirm the SDLT payable by you, particularly where you are taking a new lease, already own residential property or if your transaction is not straightforward.

A photographic schedule documenting the condition of the property at the start fo the term as agreed with the landlord and the tenant and annexed to the lease to limit the tenant's repairing liability.

A schedule usually issued by a landlord's surveyor setting out the wants of repair to the property required to made good by the tenant under the terms of the lease, usually with a costing.  A schedule issued at the end of a lease term is known as a 'Terminal Schedule of Dilapidations'.

Conveyancing searches that are advised to be carried out before you acquire any interest in a property.  The most common searches are a local authority search (incorporating a search of the Land Charges register and replies to enquiries), a drainage and water search, an environmental and flood risk search and a chancel repair liability search.  Other searches may be appropriate depending on the type of transaction and situation of the land.

The right for a tenant to remain in a property after the lease term has ended and to request a new tenancy on broadly the same terms.  This right may be excluded by a landlord if the correct procedure has been followed.

An amount that a tenant has to pay to the landlord under the terms of a lease for maintaining and repairing common parts of the building or the estate.

A Site Allocation means that the site is allocated in the Local Plan for a particular type of development or use, such as housing, employment and leisure, within a development plan. Allocated sites provide guidelines for planning decisions, help to diversify use of land and promote development in a planning district.

The length of time for which a lease is granted to the tenant.

The legal document held (where registered) by the Land Registry showing the ownership of the property and any benefits and burdens on it. Where land is unregistered, title is shown by historic deeds and documents.