This Q&A assumes that the reference to the energy company relates to gas and electricity supplies. Where a tenant has gone into administration, they will remain liable under the terms of the lease unless and until the lease is brought to an end (for example by surrender or forfeiture) or assigned. In this scenario, the keys have been returned, but it does not appear that the landlord has accepted a surrender, and therefore, the lease will continue. The lease may contain a covenant providing that the tenant must pay all charges in respect of supplies of gas and electricity and comply with all requirements of the relevant suppliers. However, the landlord’s remedies against the tenant will

Section 5(1) of the Leasehold Reform Act 1967 (LRA 1967) makes it clear that, once a tenant has given the landlord notice of their desire to acquire the freehold, the tenant's right is assignable, but only to a person to whom

What does time of the essence mean? Where time is 'of the essence' it means that the stated time for completion of an obligation in a contract is a condition of the contract. Failing to comply can therefore allow the innocent party to terminate the contract and claim damages. A construction contract is unlikely to include time of the essence provisions. Liquidated damages, rather than termination, will ordinarily be the remedy for late completion of construction works. Where time is not of the essence, in the absence of other contractual provisions relating to time (or if such provisions are inadequate), there will only be an obligation to perform the contract within a reasonable time. Time is then said to be 'at large' (see Practice Note: Time at large in construction contracts). How does time become of the essence? Whether a stipulation as to time for performance of an obligation is ‘of the essence’ is primarily a question of contractual interpretation. Time will not be considered of the essence unless: • the parties provide expressly that time-bound

Privity of contract 'Privity of contract' is a common law doctrine, which provides that you cannot either: • enforce the benefit of, or • be liable for any obligation under a contract to which you are not a party. Therefore, if an individual legal entity is not a party to a contract (ie they are a third party) then they cannot sue or be sued under that contract. In general terms, the doctrine of privity of contract means that a contract between A and B cannot impose a positive duty on C to render the performance specified in the contract. However, it is possible that a contract between A and B can can provide a benefit for C. Exceptions to the doctrine of privity of contract There are numerous equitable exceptions to the doctrine of privity of contract and a statutory

‘MF/2’ is one of the suite of Model Forms published on behalf of the Institution of Engineering and Technology (IET) and the Institution of Mechanical Engineers. It is for use in connection with home (ie UK) or overseas contracts for the supply only of electrical, electronic or mechanical plant (its full title is MF/2 Model Form of General Conditions of Contract for use in connection with home or overseas contracts for the supply of electrical, electronic or mechanical plant). The main conditions have not been updated since 1999 although there are amendment slips to cover the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) and suggested amendments to bring it in line with MF/1 revision 5. Depending on the extent of the contractor’s obligations and the nature of the site, MF/2 may be a contract for ‘construction operations’ and be subject to the requirements of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). There is no clause on adjudication and the payment clauses do not comply with these statutory requirements—these clauses would need to

This Q&A only considers the position regarding an above-threshold public contract tendered under the Public Contracts Regulations (PCR 2015), SI 2015/102. KPIs in public sector contracts In the first instance, we refer you to the following cases which discuss the role of key performance indicators (KPIs) within contracts involving public authorities: • BT Cornwall Ltd v Cornwall Council involved a contract claim for a material breach by the outsourced company, evidence of which was provided by a fallen KPI performance. The case discussed the availability of early termination in outsourcing contracts where they are not fulfilling their KPIs. See News Analysis: When outsourcing contracts don’t deliver • Sutton Housing Partnership Ltd v Rydon Maintenance Ltd concerned a contract tendered between a housing partnership for the London Borough of Sutton and a company to provide repair and maintenance works. This discussed how KPIs can be amended or determined and the corresponding effect on level of performance

This Practice Note covers the changes to occupation of residential properties in Wales brought about by the Renting Homes (Wales) Act 2016 (RH(W)A 2016). It sets out the different terminology used in RH(W)A 2016, the grounds on which a standard occupation contract may be terminated, any pre-conditions which must be complied with before a landlord can serve a valid notice to terminate, the process for terminating a standard occupation contract and the form and service of notices under RH(W)A 2016. It also covers possession proceedings under CPR Part 55. Note that this Practice Note relates only to standard occupation contracts. For guidance on termination of secure contracts, see Practice Notes: Renting Homes (Wales) Act 2016—when are occupation contracts secure? and Renting Homes (Wales) Act 2016—terms of secure contracts. Terminology under the Renting Homes (Wales) Act 2016 RH(W)A 2016 introduced terminology which is different to that used in other housing-related legislation: Terminology used in other housing—related legislation   Terminology in RH(W)A 2016   lease, licence or tenancy agreement  occupation

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the specific issues that may arise where the parties have a contractual relationship and yet the prospect of bringing a claim in unjust enrichment may also arise. Where this scenario occurs, there is limited scope for a party being able to pursue a claim for unjust enrichment in the face of a subsisting contractual relationship, as explored below. Additionally, the party would also need to satisfy the general requirements for pursuing a claim for unjust enrichment as set out in Practice Note: Unjust enrichment—elements of the claim and be aware of any defences that may be raised, as considered in Practice Note: Unjust enrichment—defences. The relationship between unjust enrichment and contracts Claims for restitution for unjust enrichment are distinct from contract claims. The general position is that where the claimant and the defendant are in a contractual relationship, the contract regulates their rights and liabilities, including allocating the risk, until such time as the contract

This Practice Note provides guidance on the common law and statutory controls affecting exclusion and limitation of liability clauses (also known as limitation of liability clauses, limitation clauses, exclusion of liability clauses, exclusion clauses and exemption clauses) including the provisions of the Sale of Goods Act 1893 (Ireland) (SGA 1893 (IRL)), the Sale of Goods and Supply of Services Act 1980 (Ireland) (SGSSA 1980 (IRL)), and the Consumer Rights Act 2022 (Ireland) (CRA 2022 (IRL)). For more detailed information on contract law in Ireland, see also Practice Notes: • Ireland—The relationship between Irish and English contract law • Ireland—Contract law essentials • Ireland—Contracts—formation and interpretation • Ireland—Contract interpretation—implied terms What are exemption clauses? An exemption clause is a contractual term which seeks to exclude or limit liability for breach of contract or other liability as may be found at common law or under statute. Liability may result where an exemption clause is not used or pleaded. Where a clause negatives

This Practice Note provides an overview of the applicability of Directive 2014/24/EU (the EU Public Sector Directive). In deciding whether the EU Public Sector Directive applies, a contracting authority has to ask itself four key questions: • does the contract fall within the definitions of public works, services or supply contracts? • is the contract awarded by a contracting authority? • is the relevant EU threshold exceeded? • is the contract exceptionally excluded from the applicability of the EU Public Sector Directive? Does the contract fall within the definition of public works, services or supply contracts? Public works contract A public works contract means a public contract, which has as its object any of the following: • the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex II • the execution, or both the design and execution, of a work • the

If the notice has been served prior to exchange, and it is not protected by registration, the freehold can be transferred and the buyer is not bound by the notice; see section 97(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Once the notice is registered, the freeholder must not make any disposal severing their interest in the premises;

While we are aware of the occasional practice of a significant defect being carved out of a practical completion certificate (sometimes referred to as a ‘qualified practical completion certificate’), on the agreement that the defect will be rectified within a specified timeframe following practical completion, we have never come across this approach in relation to a certificate of making good defects. Having said that, we are not aware of any principle or case law to the effect that a defect could not be carved out of a certificate of making good defects in this way. The parties should take note of the consequences that issuing a certificate of making good defects may have under