| 1 | A guide to Practical Law Finance's guarantees resources A guide to Practical Law Finance's resources on guarantees, including key practice notes and a list of standard form guarantees and indemnities relating to different types of transactions. | Practice note: overview | Maintained |
| 2 | Application of the Consumer Credit Act 1974 for property ... An overview of the application of the Consumer Credit Act 1974 to loan arrangements involving land. | Practice note: overview | Maintained |
| 3 | Guarantees and indemnities: a quick guide A quick guide to guarantees and indemnities, including their respective advantages, legal and drafting issues to bear in mind, and links to further materials. | Practice note: overview | Maintained |
| 4 | Registration requirements for property transaction documents ... A toolkit to guide users around PLC materials on the post completion registration requirements of various property transactions. | Practice note: overview | Maintained |
| 5 | Rentcharges toolkit A toolkit to guide users around PLC materials on rentcharges, including how rentcharges and estate rentcharges work, and how they are created and registered. Information about the transfer of rentcharges and their enforcement, apportionment and termination is also provided. | Practice note: overview | Maintained |
| 6 | Residential property mortgages toolkit A toolkit to guide users around PLC Property materials on mortgages of residential property. | Practice note: overview | Maintained |
| 7 | Application of the Consumer Credit Act 1974 to loans secured ... Consideration of the application of the Consumer Credit Act 1974 (CCA) to loans secured on land. | Practice notes | Maintained |
| 8 | Ask the Team: Why should the buyer ask for a letter of non ... An article answering the question why a buyer should ask for a letter of non-crystallisation even where the floating charge has not been registered at the Land Registry. | Practice notes | Maintained |
| 9 | Charges: discharging a registered charge on completion A note on what the seller's solicitor should provide where a registered charge is to be discharged on completion. | Practice notes | Maintained |
| 10 | Charges: postponed debt and the Consumer Credit Act 1974 An note on whether a charge to secure a debt owed by an individual to another party, is caught by the Consumer Credit Act 1974. | Practice notes | Maintained |
| 11 | Charging orders This practice note provides a guide to charging orders and their effectiveness as an enforcement method and a summary of the practical and procedural steps. The note also covers the procedure for obtaining an order for sale which is the next step to achieve realisation of funds. | Practice notes | Maintained |
| 12 | Does obtaining a charging order mean I will recover the debt? A note on whether a charging order in itself is enough to secure repayment of a judgment debt. | Practice notes | Maintained |
| 13 | Financial assistance This note considers the rules under the Companies Act 2006, from 1 October 2009, that prohibit a public company from giving financial assistance for the purpose of the acquisition of its shares or those of a parent company, and a private company from giving financial assistance for the purpose of the acquisition of shares of a public parent company. For details of the pre-1 October 2009 position under the Companies Act 1985, see Practice note, Financial assistance: pre-1 October 2009. | Practice notes | Maintained |
| 14 | FSA's review of its mortgage regime This practice note outlines the FSA's review of its mortgage regime (known as the mortgage market review or MMR) and tracks key developments up until 31 March 2013. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services Legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. Please note the law stated date of this practice note. It is not maintained. | Practice notes | 31-Mar-2013 |
| 15 | Guarantees by individuals vitiated by undue influence This note explains when undue influence may arise and what steps a bank should take, and when, to avoid a guarantee being set aside because of undue influence. | Practice notes | Maintained |
| 16 | Help for residential borrowers struggling with mortgage ... A practice note providing a brief overview of the schemes and guidance available to homeowners who are in arrears with their mortgage repayments and at risk of repossession. | Practice notes | Maintained |
| 17 | Land vested in Official Custodian for Charities: practical points ... A practice note with guidance on the form of transfers, mortgages and leases of charity land vested in the Official Custodian for Charities. | Practice notes | Maintained |
| 18 | Mortgagees and mortgagees in possession A practice note on mortgagees, their rights and duties and commonly asked questions when dealing with mortgagees in possession principally in relation to land and real estate. | Practice notes | Maintained |
| 19 | Mortgages and charges over land An overview of mortgages and charges over land (also known as real estate or property). This note describes the types of security that can be created or arise over property, the form and contents of a typical mortgage or fixed charge over property, due diligence and pre-completion issues, potential challenges to security, how security over property is released and a lender's remedies under a mortgage or charge over property. | Practice notes | Maintained |
| 20 | On the sale of a freehold reversion, how can the transferor ... A note on the question how, on the sale of a freehold reversion, the transferor landlord can ensure that following completion it has no ongoing obligations under any rent deposit deeds. | Practice notes | Maintained |
| 21 | Overage payments A practice note giving a brief outline of various methods that can be used to secure overage payments, which allow a seller is to share in any increase in value in a property that is realised after the property has been sold. | Practice notes | Maintained |
| 22 | Perfection of security over freehold and leasehold property This note covers the registration and other formalities for perfecting a security interest over freehold or leasehold property (also known as real estate). The registration and other formalities include whether or not the security interest needs to be signed as a deed or be in writing, registering the security interest at Companies House and the Land Registry and serving notices on landlords and prior mortgagees. The perfection requirements for a range of security interests are covered, including legal mortgages, equitable mortgages, fixed charges, floating charges and liens. | Practice notes | Maintained |
| 23 | Practical guidance from the House of Lords for banks and ... The House of Lords, in Royal Bank of Scotland v Etridge (No 2), gave practical guidance for dealing with taking a guarantee from a person, where the relationship between the guarantor and the principal debtor is non-commercial. This note sets out that guidance, explaining the roles and relationship of the bank, the solicitor, and the guarantor. | Practice notes | Maintained |
| 24 | Priority of security over freehold and leasehold property This note considers the priority between mortgages and fixed charges over freehold and leasehold property. | Practice notes | Maintained |
| 25 | Property insurance This Practice note deals with insurance issues that are specific to land and buildings. It examines insurance arrangements in relation to specific types of property transaction and includes a checklist for consideration when assessing insurance cover. For information on general insurance issues, see Practice note, General principles of insurance law. | Practice notes | Maintained |
| 26 | Property transactions involving limited liability partnerships A note on the practical implications of dealing with a limited liability partnership in connection with property transactions including Land Registry issues. | Practice notes | Maintained |
| 27 | Redemption of mortgages, clogs, collateral advantages and ... This Practice note focuses on: The rule that there cannot be a clog on the equity of redemption. The rules that collateral advantages may be unenforceable. | Practice notes | Maintained |
| 28 | Registering charges: the position if a charge has been ... A note on the position if a charge has been registered at the Land Registry but not at Companies House. | Practice notes | Maintained |
| 29 | Rentcharges: apportionment Apportionment is a method of dividing up a rentcharge between different parts of the charged land. This note examines the different types of apportionment, which can be either legal, equitable or statutory. This note is part of a collection of notes on rentcharges, brought together in our Rentcharges toolkit. | Practice notes | Maintained |
| 30 | Rentcharges: enforcement This note examines the remedies available for non-payment of rent due under a rentcharge, including actions of debt, claims for breach of covenant to pay the rent and statutory remedies, such as distress, right of entry and grant of a lease. The note also examines rights of entry and re-entry, which when annexed to a legal rentcharge can be used to enforce covenants other than the covenant to pay the rent. This note is part of a collection of notes on rentcharges, brought together in our Rentcharges toolkit. | Practice notes | Maintained |
| 31 | Rentcharges: overview This note explains what a rentcharge is, why rentcharges matter and how rentcharges are created, registered and transferred. This note includes a section on estate rentcharges and is part of a collection of notes on rentcharges, brought together in our Rentcharges toolkit. | Practice notes | Maintained |
| 32 | Rentcharges: termination This note examines the different ways in which rentcharges can be terminated, including express release, merger and by lapse of time (that is, by non-payment of rent due under the rentcharge). Statutory redemption and the automatic extinguishment provisions of the Rentcharges Act 1977 are also covered. This note is part of a collection of notes on rentcharges, brought together in our Rentcharges toolkit. | Practice notes | Maintained |
| 33 | Solicitors' Practice Rules 1990: Practice Rule 6(3) - Solicitor ... Rule 6(3) of the Solicitors' Practice Rules 1990 (SPR) provides that, as a general rule, a solicitor cannot act for both the lender and the borrower on the grant of a mortgage of land. Where the mortgage is a 'standard' mortgage, however, Rule 6(3) of the SPR allows joint representation, subject to there being no conflict of interest and to certain conditions being complied with. This practice note explains Rule 6(3) and provides links to the text of the rule and to a flowchart illustrating how the rule operates. The practice note also provides links to the CLLS Certificate of title and short form report on title, approved by the Law Society for the purposes of Rule 6(3) as amended with effect from 27 April, 2001. NOTE: The Solicitors' Code of Conduct 2007 repealed the SPR with effect from 1 July 2007 (see Practice note, Solicitors' Code of Conduct 2007). The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC Property has published the following Practice notes on the SRA handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. | Practice notes | 30-Jun-2007 |
| 34 | Some questions concerning equitable charges and their ... A note on equitable charges, when they can be granted, their priority and whether they can be registered. | Practice notes | Maintained |
| 35 | Substituted security in secured property finance A note on whether parties can use deeds of substituted security in secured property finance transactions. | Practice notes | Maintained |
| 36 | Taking security over freehold and leasehold property A practice note on the security that can be taken (or arise) over freehold and leasehold property. This includes legal mortgages (also known as legal charges), equitable mortgages, fixed charges and floating charges. As the lender often takes security over property (also known as real estate) together with security over other assets owned by the borrower, the security interest created over the property may be contained within a global security document (commonly referred to as a debenture). | Practice notes | Maintained |
| 37 | VAT and property: mortgagees and insolvency practitioners This practice note explains the VAT consequences of property sales by a mortgagee following a default by the mortgagor in an insolvency. | Practice notes | Maintained |