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Q&As
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) made considerable changes to the extent to which a tenant could be liable for breaches of covenant after assignment. Until it came into force on 1 January 1996, even after assignment, the original tenant remained liable for any default by an assignee. In the case of long leases assigned at a relatively early stage, this could result in a liability when no benefit had been enjoyed from the lease for some years. LT(C)A 1995 draws a distinction between old tenancies (broadly, those in existence when it came into force) and new tenancies (broadly those entered into after 1 January 1996). Where a tenant assigns its interest under a new tenancy, then as from the assignment, the new tenant
Q&As
For an adoption order to be made, the person must be a child at the date of the application. The child must not have been married or in a civil partnership. The child can attain the age of 18 during the proceedings and still be adopted, provided the child is adopted before their 19th birthday, see sections 47 and 49 of the Adoption and Children Act 2002 (ACA 2002) and Practice Note: Adoption orders—eligibility and pre-application requirements. Section 41(6) of the Children Act 1989 lists the ‘specified proceedings’
Q&As
There are various ways for a landlord to end a tenancy which is protected by the Landlord and Tenant Act 1954 (LTA 1954). These are set out below. Forfeiture The usual way to end a tenancy protected by LTA 1954 is via the mechanisms provided in LTA 1954 which involve serving notices (see below). Other possibilities exist however. The LTA 1954 specifically permits ending a tenancy by other common law methods such as forfeiture. In this Q&A, the tenant has sublet without landlord consent and that the unlawful subtenant has carried out works to the premises, also
Q&As
Trade mark registrations as property The registration of UK trade marks is governed by the Trade Marks Act 1994 (TMA 1994) and the Trade Mark Rules 2008, SI 2008/1797. The UK trade mark register is administered by the UK Intellectual Property Office (UKIPO). A UK trade mark registration is a property right obtained by the registration of the trade mark under TMA 1994 and the proprietor of a registered trade mark has the rights and remedies provided by TMA 1994, s 2. Trade mark registrations and applications are objects of personal property (TMA 1994, ss 22, 27). For more information about trade mark registrations as property, including the licensing
Q&As
This Q&A assumes that; • the lease remains unregistered • it is the first transfer of the landlord’s freehold since the grant of the lease • the transfer of the freehold took place recently and the provisions of the Land Registration Act 2002 apply to that transfer A lease granted in the year 2000 for more than 21 years and: • made for valuable or other consideration, • by way of a gift, or • in pursuance of an order of any court was compulsorily registrable under section 123 of the Land Registration Act 1925. If such a lease was not registered within the ‘applicable period’ (usually 2 months beginning with the date of grant), then the grant became void and took effect as if it were a contract to grant or create that estate made for valuable
Q&As
A tenancy at will arises by implication where a person is either allowed into or permitted to remain in, exclusive possession of premises for an indefinite period. Thus, a tenant taking possession during negotiations for a lease has been held to be on the basis of a tenancy at will in certain circumstances. Tenancies at will do not fall within the protection of the Landlord and Tenant Act 1954 (LTA 1954). See Practice Notes: Leases and licences of land—key features and differences and Periodic tenancies. Once the parties formally reach agreement for the grant of a tenancy, a tenancy of some form will then arise. Furthermore, where the negotiations break down, in the absence of any other
PRECEDENTS
This guide can be used to introduce borrowers to, and encourage them to access, Sustainability-Linked Loans (SLLs). Its scope is to accelerate understanding of SLLs and how to access them, improving access to finance while aligning such finance with a company’s
NEWS
Environment analysis: In October 2025, the UK government published their Carbon Budget and Growth Delivery Plan. The Plan aims to comply with the mandates of the Climate Change Act 2008 (CCA 2008), along with 2024 court order, which established that the 2023 carbon budget plan was non-compliant. Strategy to meet the carbon budget is laid out across twelve key sectors, encompassing policy on legislative change and incentives for business, local authorities, and individuals. Written by Francesca Fitzgerald, sustainability & communications coordinator at Ardea International.
Q&As
This Q&A assumes that the legal mortgage is otherwise valid and executed correctly, and the only defect is the failure to register. This question raises the issue of the remedies available in respect of an unregistered mortgage. The creation of an otherwise valid charge by way of legal mortgage, which is not registered, gives rise to an equitable mortgage. This is the effect where form CH1 is used because it meets the requirement of being made