The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
An Energy Performance Certificate (EPC) is a requirement in respect of properties marketed for sale and/or letting and, from 1 April 2018, any property let on a new tenancy or a fixed term renewal (and, from 1 April 2020, all tenancies). An EPC lasts for ten years, after which it expires. The purpose of the requirement to supply an EPC is twofold—to promote energy efficiency on a macro level, and to enable prospective buyers and tenants to determine the affordability of heating and lighting bills.
EPCs are governed by the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 as amended, made under the Energy Act 2011. Regulation 6 provides that where a building is to be sold or rented out, a valid EPC must be made available to any prospective buyer or tenant at the earliest opportunity and in any event no later than the provision of information or a viewing of the building. Regulati
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This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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