Following the lapse of a policy, ordinarily through failure to pay the due premiums, some policies allow the ability to reinstate the cover.
Reinstatement is subject to:
(a) payment of the missed premium; and
(b) a declaration of health to satisfy the company that there has not been a material change in the risk they are covering.
Facility agreements—construction provisions The facility agreement is the principal document in the suite of documents which is needed for the provision of finance for a development or construction project. It sets out the terms and conditions under which a lender is prepared to provide finance for the project. The agreement will contain provisions which relate to all aspects of the funding arrangement, not just the construction related provisions. Whilst the banking and finance lawyers will draft and negotiate the finance related clauses, the construction lawyers will be required to look at the construction provisions on behalf of either the lender or the borrower. For more information on the general structure and layout of a facility agreement refer to Practice Note: Structure of a facility agreement for construction projects. In this Practice Note, the word borrower is used to describe the party who is borrowing the money. The borrower is usually a developer or employer. The word lender is used to describe the party lending the money (they may alternatively be referred to as the funder). This Practice Note highlights the common construction clauses which are typically found in a facility agreement. General considerations In order for the borrower to obtain the funding it requires, it must comply with the provisions of the facility agreement. A default by the borrower under the agreement could result in the lender refusing to provide the
Energy performance certificates (EPCs)—issues for commercial landlords and tenants This Practice Note looks at some of the key practical issues for commercial landlords and tenants when dealing with energy performance certificates (EPCs). It is part of a series of Practice Notes on EPCs and minimum energy efficiency requirements (MEES). An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is based on a complex calculation, which looks at a number of factors such as the age and type of building and its construction, insulation and heating systems. For more information on what an EPC is and when they are required, see Practice Note: Energy performance certificates (EPCs)—what are they and when are they required? The key regulations governing EPCs are the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 (EPC Regs 2012) and the Building Regulations 2010, SI 2010/2214 (Building Regs 2010), which implemented the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU, (recast EPBD directive). The EPC Regs 2012 apply to all buildings across England and Wales. Prior to the EPC Regs 2012, the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, SI 2007/991 (as amended) implemented the original Energy Performance of Buildings Directive 2002/91/EC (original EPBD directive). The recast EPBD directive was drafted as the European Council resolved that it
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Lease of whole building—hotel LR1. Date of the lease [date] LR2. Title Number(s) LR2.1 Landlord's title number(s) [title numbers out of which this lease is granted. Leave blank if not registered] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Tenant [name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Other parties [ Guarantor [[name of Guarantor] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address]] [details and specify capacity of other parties (eg management company etc)]] LR4. Property In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail. The Property as defined in clause 1. LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003. [None. OR [applicable prescribed statement]. OR See clause [relevant clause reference].] LR5.2 This lease is made under, or by reference to, provisions of: Not applicable. LR6. Term for which the
Dive into our 141 Precedents related to Reinstatement
Where a tenant has covenanted to reinstate at the end of the term alterations made during a tenancy, can the landlord insist on reinstatement despite the fact that the previous installations were inferior and so there is no benefit to the landlord? When it is asked, ‘can the landlord insist…?’ there are three matters to consider generally—first, the extent of the tenant’s reinstatement obligation, secondly, whether the landlord can obtain specific performance of that obligation and thirdly, if the tenant is in breach of that obligation, can the landlord obtain damages? The first issue (in the context of this question) is then whether it is possible that the tenant’s obligation is to remove a more advantageous installation at the end of the lease and put back an inferior one. The answer here is, yes—of course, it is possible. Ultimately, whether an obligation to reinstate arises in the lease itself or as one of the terms included in a deed of licence, the matter is one of the proper construction of the contract. In this connection, it should be noted that the obligation to reinstate may take one of two forms. On one hand, the obligation may be absolute (as opposed to an obligation to reinstate on notice). Here, the contractual obligation is simple, to do a defined thing (ie to remove what was installed, make good any damage
A property is owned by a company in respect of which the two leaseholders are directors. It has been discovered that the previous tenant of the first floor flat did not enter into a licence for alterations when they undertook works for a loft extension in 2012. The lease states that such works can only be undertaken following a licence for alterations being entered into with consent not to be unreasonably withheld. The roof is the property of the freehold, not the first floor tenant. The works were undertaken by the previous tenant. Is the new tenant able to request that a retrospective licence for alterations is entered into and a premium paid? Loft extension In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the demise. There are various remedies for the unauthorised loft extension which, may be available to the landlord and/or neighbouring leaseholder, including potentially trespass and/or nuisance—in respect of which, see: • Q&A: What remedies are available for a tenant whose neighbour has constructed a terrace over the tenant’s flat roof? • Practice Notes: Nuisance—establishing a claim for private nuisance and Private nuisance—general principles • Practice Notes: Trespass—claims and defences and Trespass—remedies The landlord may also have had the right to forfeit the lease, although it seems likely, on the facts, that that
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Local Government analysis: New statutory guidance on school exclusions has now been published, along with new Behaviour in Schools Guidance. The new guidance incorporates changes recommended in Edward Timpson’s May 2019 report on school exclusions. The new guidance will apply to any exclusion or suspension decisions taken from 1 September 2022. Thankfully, some of the more controversial proposals in the draft guidance put out for consultation earlier this year have been watered down or removed entirely. In this analysis, Philip Wood of Browne Jacobson LLP examines key changes to the 2017 guidance changes Schools should be aware of, which are summarised below.
Welcome to the 14 July 2022 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.
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