The following Property Q&A Produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:
It is unlikely to affect the assured shorthold tenancies (AST).
Clearly, whether the head-lease is presently protected under the Landlord and Tenant Act 1954 (LTA 1954) or not, the head-lease can be brought to an end by surrender (LTA 1954, s 24(2)). This will require an express surrender (ie by deed) or a surrender by operation of law (eg tenant vacating and handing back the keys). By contrast, where the head-lease has at some point in time been protected under the LTA 1954, an agreement to surrender will be rendered void by LTA 1954, s 38 unless the requirements of LTA 1954, s 38A have been complied with (Note: where the LTA 1954 has never applied to the head-lease, an agreement to surrender may be specifical
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
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