This Checklist covers the procedure for contracting out of the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954) prior to entering into an agreement to surrender a lease with security of tenure. For further content and guidance on contracting out of LTA 1954 in the context of an agreement to surrender, see Practice Note: Contracting out of the Landlord and Tenant Act 1954—agreement to surrender a business tenancy and for guidance on contracting out of LTA 1954 generally, see Practice Note: Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls. Does the agreement to surrender need to be contracted out? If a lease has been contracted out of LTA 1954, the landlord and the tenant can enter into an agreement to surrender that lease without following the statutory contracting out procedure required by LTA 1954, s 38A(2). See Practice Note: Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls. If a lease has not been contracted

This Practice Note looks at the process of contracting out of the Landlord and Tenant Act 1954 (LTA 1954) and highlights the common pitfalls that can occur during the contracting out process and ways to avoid them. Why contract out? LTA 1954 gave tenants of business premises security of tenure—in other words, the right to stay on in their premises after the expiry of the contractual term of the lease. A landlord who grants a tenant a lease with security of tenure can only bring the lease to an end and regain possession of the premises by following the procedures set out in LTA 1954. Even then, the landlord must be able to establish one of the limited statutory grounds for possession laid out in LTA 1954, s 30 and successfully obtaining possession is likely to involve the payment of compensation to the tenant. A tenant who has security of tenure under LTA 1954 is therefore in an extremely strong negotiating position if their landlord wishes to obtain vacant

This Practice Note is archived and is no longer maintained. This Practice Note is aimed primarily at established financial institutions and early stage fintechs wanting to partner in respect of fintech solutions. It covers: • What is fintech? • Why do financial institutions need to work with fintechs? • How do financial institutions normally contract with third parties? • Legal issues when contracting with fintechs • How to engage with fintechs The term ‘financial institution’ in this note is used to refer to an organisation that is in the business of dealing with regulated financial products and services. Typically, they will include banks and insurers but may also include asset managers and others involved in the financial services sector. This note is intended only to provide a general overview of the key issues and should not be used as an exhaustive or all-encompassing resource on the legal issues. For example, many of the legal considerations which arise during any supplier engagement will also arise when contracting with fintechs. It should be noted that the contracting process

An arrangement under which a member of a pension scheme that meets certain requirements pays reduced insurance-contributions-'>National Insurance contributions and/or rebates are paid to the pension scheme in return for which the scheme provides benefits as an alternative to state earnings related pension scheme (SERPS)/S2P/additional state pension. Contracting-out was abolished with effect from 6 April 2016.

Certificate issued by HMRC where an occupational pension scheme satisfied contracted-out conditions.

The amount given by the state to encourage employers to contract out.

The company or individual carrying out the construction or engineering works

This Deed is made on [insert date] day of [insert month] 20[insert year] Parties 1 [insert name] (Company Number [insert number]) whose registered office is at [insert address] (the ‘Contractor’); [and] 2 [insert name] (Company Number [insert number]) whose registered office is at [insert address] (the ‘Beneficiary’ which expression shall include successors in title and any permitted assignee)[; and OR .] 3 [[insert name] (Company Number [insert number]) whose registered office is at [insert address] (the ‘Employer’).] Whereas (A) [[insert name of Employer] (Company Number [insert number]) whose registered office is at [registered office of Employer] (the ‘Employer’) OR The Employer] has entered into a building contract dated [insert date] with the Contractor (the ‘Building Contract’) relating to the [design and ]construction of certain works as defined under the Building Contract (the ‘Works’) in connection with the development known as [insert name] (the ‘Project’). (B) The Beneficiary has agreed to [provide finance in connection with OR purchase a freehold interest in OR enter into a lease for [insert details] at] the Project. (C) The Contractor has agreed to execute this Deed in favour of the Beneficiary.

This Deed is made on [insert date] day of [insert month] 20[insert year] Parties 1 [insert name] (Company Number [insert number]) whose registered office is at [insert address] (the ‘Contractor’); [and] 2 [insert name] (Company Number [insert number]) whose registered office is at [insert address] (the ‘Beneficiary’ which expression shall include successors in title and any permitted assignee)[; and OR .] 3 [[insert name] (Company Number [insert number]) whose registered office is at [insert address] (the ‘Employer’).] WHEREAS (A) [[insert name] (Company Number [insert number])whose registered office is at [insert address] (the ‘Employer’) OR The Employer] has entered into a building contract dated [insert date] with the Contractor (the ‘Building Contract’) relating to the [design and ]construction of certain works as defined under the Building Contract (the ‘Works’) in connection with the development known as [insert name] (the ‘Project’). (B) The Beneficiary has agreed to [provide finance in connection with OR purchase a freehold interest in OR enter into a lease for [insert details] at] the Project. (C) The Contractor has agreed to execute this Deed in favour of the Beneficiary.

Construction analysis: The Outer House of the Court of Session found that a contractor that paid a sum to its employer in settlement of a claim for defects was not entitled to a contribution in respect of that sum from a clerk of works. Even if the contractor and clerk of works were jointly and severally liable for the defects, the contractor had no right to a contribution from the clerk of works under Scots law, because it had not been found liable to the employer by a court.

Construction analysis: The Technology and Construction Court (TCC) held that, in relation to works that were carried out without a formal contract in place, the contractor took longer than the reasonable time for delivering a service required under section14 of the Supply of Goods and Services Act 1982 (SGSA 1982), after incurring delays due to site conditions. The site conditions were discovered after the contractor had finalised its design for installing a new telecommunications mast and it had finalised these designs without carrying out a full geotechnical survey. Having adjudged that the contractor was responsible for the delays, the judge also held that the developer was entitled to recover some of its project financing costs and additional project management costs that it incurred as a result of the delays and that the contractor had tried to argue were too remote to be recoverable.

Construction analysis: The Technology and Construction Court (TCC) found that a contractor was liable both in respect of issues regarding installation and the initial specification of a cladding system in five residential tower blocks. The works were initially carried out in 2005–2008, and the breaches were discovered following an examination of the system after the Grenfell Tower fire in 2017. In an extensive judgment, Judge Davies also considered a number of issues around causation and remoteness of damage arising in relation to the works. Though dependent on the specific facts, this case provides a useful insight into how the court may interpret claims which may arise on the liability which an original contractor has for cladding installed prior to the Grenfell Tower fire.