The following Property Q&A provides comprehensive and up to date legal information covering:
This Q&A raises the interplay between the rights of parties to a lease and of shareholders in a company who happen to be lessees. It is not uncommon for lessees under long leases of residential property to be shareholders of the company which either owns the freehold, manages the block on behalf of the freeholder or exercises the right to manage under the Commonhold and Leasehold Reform Act 2002. This Q&A also raises the operation of the Companies Act 2006 (CA 2006).
The leases referred to in this Q&A appear to have been drafted on the basis that they be held by people over a certain age. This might take the form of a user clause restricting the occupation of the demised premises to a person or persons who are above a certain age. This will be a term of the lease. The starting point will be that this provision cannot be altered without the consent of both parties. If the freehold reversion were held by a company, the shareholders of which were not lessees, it would not be able unilaterally to vary the terms of the lease. The position is no
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You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
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