This Q&A assumes that the subtenant is the current owner of the equipment, and the intention is to transfer ownership in the equipment to the landlord. We have also assumed that the landlord and subtenant are both acting in the course of business. Transferring ownership of the equipment In order to transfer ownership of (or title in) the equipment from the subtenant to the intermediate landlord, the subtenant must agree to sell and the intermediate landlord must agree to buy the equipment. It is not clear what the proposed terms of the ‘deed of surrender’ are, but any agreed sale of equipment must satisfy the usual rules on formation of a valid contract (ie there must be a valid offer and acceptance, valuable consideration, and certainty of

Commentary suggests that where a subtenant seeks to acquire the freehold of a house pursuant to the Leasehold Reform Act 1967 (LRA 1967), the proceedings which arise out of the subtenant’s notice must be conducted by ‘the reversioner’ on behalf of all parties who hold

Tenancies within the LTA 1954 The LTA 1954, s 23 provides that a tenancy is within the LTA 1954 if the whole or a part of the demised premises is occupied by the tenant for the purposes of his business or for those and other purposes. The expression 'business' includes any trade, profession or employment. It also includes any activity carried on by a body of persons, whether corporate or unincorporate. Thus, there are three essential conditions if the protection of the Act is to be secured: • there must be a tenancy. A mere licence does not confer statutory protection • the tenant must occupy at least a part of the premises. A lease of a right of way is not in itself within the Act because it is not capable of being occupied within the meaning of

Arbitration analysis: The court set aside an arbitral award pursuant to section 68(2) because the arbitral tribunal had failed to address a defence (limitation) raised by the claimant. Had it done so, it might well have reached a conclusion favourable to the claimant. The court held that Jewish law is not the law of ‘any other country’ and it does not therefore displace English limitation law. Section 13 of the Arbitration Act 1996 (AA 1996) provides that the Limitation Acts apply to arbitrations as they apply to court proceedings and, as the Foreign Limitation Periods Act 1984 (FLPA 1984) did not apply, the Limitation Act 1980 (LA 1980) applied. Written by Jennifer Haywood, barrister at Serle Court.

Checklist This Checklist is in relation to claims under sections 212–214, 246ZA and 246ZB of the Insolvency Act 1986 (IA 1986), being commenced by an insolvency office-holder. For further reading on claims under IA 1986, ss 212–214, 246ZA and 246ZB generally, see Practice Notes: • Misfeasance claims under section 212 of the Insolvency Act 1986 • Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986 • Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986 Step/action Time (days) Section/rule 1. Investigate the events and circumstances leading to the insolvency of the company and the matters giving rise to the claim(s) against the respondent(s). This would include obtaining the company's books and records, interviewing directors, former directors and any persons with information concerning the promotion, formation, business, dealings, affairs or property of the company.It should be noted that when the office-holder threatens a claim against

Step/action Time (days) Section/rule 1. Prepare statutory demand.Depending on the nature of the debt claimed, see:• (Form SD2) r 10.1 Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately (Formerly form 6.1) • (Form SD3) r 10.1 Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt Payable at Future Date (Formerly form 6.3) • (Form SD4) r 10.1 Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court (Formerly form 6.2) Day 1 Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 10.1Section 268 of Insolvency Act 1986 (IA 1986) 2. Arrange for and effect service of the statutory demand on the debtor. This should be by way of personal service unless the circumstances are exceptional. Day 2–10 IA 1986, s 268IR 2016, SI 2016/1024, r 10.2PDIP, para 12.7 3. Allow the debtor 21 clear days

Step/action Time (days) Section/rule Serve statutory demand Draft statutory demand which must contain the information set out in rule 7.3 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 (see Practice Note: Company statutory demand) and send to process server for service.See also Form: (Form SD1) r 7.3 WU Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986 Day 1 Sections 123(1)(a) or 222(1)(a) of the Insolvency Act 1986 (IA 1986)IR 2016, SI 2016/1024, r 7.3 If debt remains unpaid 21 days after service—pre-issue checks and information Obtain company search—a search for any existing winding-up petitions should be carried out prior to issuing one. For further reading on how to conduct a search, see Practice Note: Insolvency searches for companies at the Central Registry Day 22 Practice Direction on Insolvency Proceedings (PDIP)PDIP, para 9.2 Which

Step/action Time (days) Section/rule 1. Prepare statutory demand. See Form: (Form SD1) r 7.3 WU Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986 (Formerly form 4.1). Day 1 Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 7.2–7.3 2. Arrange for and effect service of the statutory demand on the company. Day 2 to 10 Section 123(1)(a) of the Insolvency Act 1986 (IA 1986) 3. Allow the company 21 clear days from service to either pay the debt, or secure/satisfy it to the creditor’s satisfaction from the date of service of the statutory demand, failing which proceed to wind-up. Day 25 to 33 IA 1986, s 123(1)(a) 4. Prepare the winding-up petition and supporting documents and issue three copies at court, with

Establishing the difference between types of private residential tenancies depends on when the tenancy was granted and the legislation in force at that time. This Practice Note looks at the main types of private residential tenancy in England and considers the following types of tenancy: • regulated tenancies under the Rent Act 1977 (RA 1977) • assured tenancies under the Housing Act 1988 (HA 1988) • common law tenancies The majority of private residential tenancies in Wales are occupation contracts under the Renting Homes (Wales) Act 2016 (RH(W)A 2016) which came into force on 1 December 2022 and abolished various tenancies, including assured and assured shorthold tenancies (ASTs) (the latter now abolished by the Renters’ Rights Act 2025 (RRA 2025)—see below). Existing assured tenancies and ASTs became occupation contracts; regulated tenancies under RA 1977 were not abolished by RH(W)A 2016 and were not converted into occupation contracts upon RH(W)A 2016 coming into force. For further guidance, see Practice Notes: Renting Homes (Wales) Act 2016—a summary of the key provisions and Renting Homes

Although the section 25 notice served on B relates to the whole of the premises demised under the lease, B will only be entitled to seek a new tenancy of the ‘holding’ which it is in occupation

Part 1 of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. LTA

This Q&A refers to a business to business transaction. Contract terms Initially, it will be necessary to review the express and implied terms of any contract (written or verbal) between the supplier and the customer in respect of their arrangement for the storage and collection of the goods. Generally, the courts will apply an objective test based on what a reasonable person, having all the background knowledge which would reasonably have been available to the parties in the situation they were in at the time of contracting, would have understood the contract to mean. The courts will consider what the words used by the parties actually mean in the specific context of the contract as a whole, as understood against the factual background. For more information,