The following Property Disputes Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
Where a tenant occupies premises for the purpose of carrying out a business, it is likely that, unless the provisions of Part II of the Landlord and Tenant Act 1954 (LTA 1954) have been expressly excluded in the manner required by LTA 1954, the tenant will have security of tenure. LTA 1954, s 24 provides that a tenancy that falls within LTA 1954, Pt II will not terminate by effluxion of time but will continue on a statutory basis until terminated by the landlord or tenant in accordance with the provisions of LTA 1954, Pt II.
A landlord may, pursuant to LTA 1954, s 25, gives to the tenant a notice terminating the tenancy. However, the landlord must state whether or not the
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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