The key regulations governing EPCs are the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118, as amended and the Building Regulations 2010, SI 2010/2214, which implement the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU, (recast EPBD directive). EPC Regs 2012 apply to all buildings across England and Wales. Original lease An EPC is required under the EPC Regs 2012, SI 2012/3118, reg 6, whenever a property is sold or rented out. Under reg 6(2), the seller or the prospective landlord must make available free of charge a valid EPC to any prospective buyer or tenant: • at the earliest

Section 4(10) of the Child Support Act 1991 (CSA 1991) provides, inter alia: ‘[(10) No application may be made [to the Child Maintenance Service] at any time under this section with respect to a qualifying child or any qualifying children if— (a) there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [made before a prescribed date], in respect of that child or those children and the person who is, at that time, the absent parent [non-resident parent]; or [(aa) a maintenance order made on or after the date prescribed for

Under section 28 of the Matrimonial Causes Act 1973 (MCA 1973), a periodical payments order automatically ceases to have effect on remarriage of the recipient. If, for whatever reason, this does not happen, it is possible to make an application for repayment. See Practice Note: Impact of remarriage, subsequent civil partnership, or cohabitation. MCA 1973, s 38 provides that where: • a periodical payments or secured periodical payments order in favour of a party to a marriage has ceased to have effect by reason of the

A unilateral notice is an entry at HM Land Registry intended to protect the rights of a third party. The purpose of the entry is to give notice of an interest so as to prevent that interest from being affected by a later disposition. A notice does not guarantee that the interest for which protection is claimed is valid, but it does protect the priority of that interest so that it is not automatically postponed on the registration of a disposition for value. ‘Cancellation’

This Q&A assumes that there is no express term in the trust instrument which gives a specified person the power to appoint new or replacement trustees. A trustee may be replaced in exercise of the trustees' power in section 36 of the Trustee Act 1925 (TA 1925) where one of the circumstances set out in TA 1925, s 36 are satisfied.

In this scenario, A has a right of way over a private road at all times and for all purposes. Therefore, in this Q&A, we are dealing with the express grant of a right of way and not one acquired by prescription or implication. We have also assumed that the private road directly abuts the dominant land. The question is whether the right allows access to the dominant land at any point

A right of way is ordinarily a right to use servient land, for the purpose of accessing dominant land, by way of easement. However, a right of way can be established by other means, such as a mere personal licence, which would not run with the land and would be terminable at will. However most rights of way, properly understood, are property rights which run with the land rather than being personal to an individual or class of individuals. Rights of way can arise in many ways.

This Q&A assumes that the occupant is not occupying the property under the terms of a settlement and so have not considered any trustee duties or liabilities. It also assumes that the owners do not have any other legal obligations towards the occupant (eg under a Court of Protection deputyship or under an enduring or lasting power of attorney). This Q&A assumes instead that this is a simple landlord/tenant scenario. It also assumes that the occupier doesn’t have

There are two possible types of medical negligence claim that arise after death. A claim on behalf of the estate brought by the executors or administrator for recovery of loss suffered by the deceased This claim arises under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934). The claims that can be brought are for the pain, suffering and loss of amenity of the deceased. Loss of amenity refers to loss of enjoyment of life, for instance being unable to indulge in hobbies and interests. Pain and suffering arise where death is not instantaneous, for example where it has been caused by a disease with perhaps a lengthy period

A right of way is a type of easement and may, like other easements, by acquired by prescription. Prescription may arise at common law, under the doctrine of lost modern grant, or under the Prescription Act 1832 (PA 1832). When a claim is made under PA 1832, 20 years' use will suffice to establish a claim by prescription,

In summary, criminal liability is strict for breach of a tree preservation order (TPO), but this does not pass to successors. However, be careful to check the details. The protected trees are not evident on the property. It is first worth checking with the local planning authority’s (LPA) tree officer that the TPO was correct, and that the trees were indeed on this property. Just looking at the layout of the garden might reveal whether two substantial trees had, in the recent past, been removed. It is a criminal offence to cut down a protected tree without consent from the local authority. Perhaps, the predecessor in this case obtained

It is not uncommon for electricity substations to be located on private land. For content on the issues arising out of the presence of a substation which may affect landowners, see Practice Note: Substation leases—key issues for landowners and utility companies. Usually, the substation in question belongs to a utility company and the utility company and the landowner have entered into a lease of the substation land. In the absence of