We are not aware of any authority that states that a new initial right to rent check does not need to be carried out by a landlord when a tenancy is renewed between the latest of when the tenant’s existing permission expires and within 12 months of the initial check. The relevant offence is at section 22(5) of the Immigration Act 2014 (IA 2014) where: • a residential tenancy agreement is entered into that grants a right to occupy premises on an adult with a limited right to rent • the adult later becomes a person disqualified as a result of their immigration status, and • the adult continues to occupy the premises after becoming disqualified There is a statutory

This Q&A deals with a situation where party A is purchasing part of a property from party B and the transfer does not contain any express grant of rights to light and states that party A cannot acquire any rights to light either by prescription or impliedly over party B’s land. Party A then sells its land. The provision in the transfer will be binding on successors in title assuming that it has been correctly registered. What is an easement or a right to light? Rights of light are types of easements that are enjoyed over land belonging to the servient land, which, in turn, benefits the dominant land. For more information,

Section 187 of the Law of Property Act 1925 (LPA 1925) provides that where an easement, right or privilege for a legal estate is created, it enures for the benefit of the land to which it is intended to annexe. As a

Web crawling describes the process in which computer programs (often referred to as ‘bots’, ‘spiders’ or simply ‘web crawlers’) are deployed to scan and read information on the world wide web. One of the most well-known web crawlers is Googlebot which Google deploys to harvest webpages onto Google’s servers which Google then indexes to facilitate searching of the world wide web. Website operators frequently will deploy ‘site maps’ (a list of all the pages contained on a website usually in the form of an XML file) to augment and support the crawling activities of search engines. Indexing is what a search engine such as Google does with webpages that it has harvested from web crawling. An index, rather like an index in the back of a book, includes information about words and the location of those words. When a web user enters a search term into a search engine,

Lawful development certificate A lawful development certificate (LDC) for existing use is a certificate issued by a local planning authority (LPA) certifying that an existing use of land, or some operational development, or some activity in breach of a planning condition, is lawful. Lawfulness means a development: • against which no enforcement action may be taken and where no enforcement notice is in force, or • for which planning permission is not required No enforcement action may be taken once the time limit for taking such action has lapsed. Different limitation periods apply to different types of developments; see our Practice Note: Lawful development certificates for

Section 17 of the Landlord and Tenant (Covenants) Act 1995 Section 17 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) makes provision limiting the extent of a former tenant’s obligations to pay a fixed charge (such as rent or a service charge) under the terms of a covenant of a lease which they have assigned. LT(C)A 1995, s 17(3) similarly limits the extent of the obligations of a guarantor of a former tenant. Whether section 17 applies to existing tenants as well as former tenants LT(C)A 1995, s 17(1) circumscribes the circumstances in which section 17 applies. LT(C)A 1995, s 17(1) states: ‘(1)

The applicability of the new provisions introduced by sections 33–40 of the Deregulation Act 2015 (DA 2015) is governed by DA 2015, s 41. This provides as follows: (1) Subject to subsections (2) and (3), a provision of sections 33 to 40 applies only to an assured shorthold tenancy of a dwelling-house in England granted on or after the day on which the provision comes into force. (2) Subject to subsection (3), a provision of sections 33 to 40 does not apply to an assured shorthold tenancy that came into being under section 5(2) of the Housing Act 1988 after the commencement of that provision and on the coming to an end of an assured shorthold tenancy that was granted before the

Prohibition of public offers by private company Under the section 755(1) of the Companies Act 2006 (CA 2006), a private limited company must not: • offer to the public any securities (ie shares or debentures) of the company, or • allot or agree to allot any securities of the company with a view to their being offered to the public Furthermore, CA 2006, s 755(2) confirms that, unless proved otherwise, an allotment or agreement to allot securities will be presumed to be made with a view to their being offered to the public if an offer of the securities (or any of them) to the public is made: • within six months after the allotment or agreement to allot, or • before the receipt by the company of the whole of the consideration to be received by it in respect of the securities CA 2006, s 755 will not be contravened where a private company either: • acts in good faith in pursuance of

Where section 42 of the Landlord and Tenant Act 1987 (LTA 1987) applies ie the premises let are residential and two or more tenants are required by the terms of their leases to contribute towards the same costs being the costs of providing services, then the landlord holds the funds paid pursuant to the service charge obligation and any investments representing the same either in a single fund or in two or more separate funds on trust to apply them to the cost of the service provided pursuant to the leases. The extent of services covered by the obligation will be determined by construing the provisions in the lease and the extent to which service charges can be recovered will be governed by the terms of the lease and also subject to statutory regulation under the provisions of the Landlord and Tenant Act 1985 (LTA 1985) and LTA 1987. Most leases provide for tenants to pay advance service charges which are monthly or

Where parties to a dispute, whether commercial or otherwise, reach terms of settlement, it is usual to embody those terms in a settlement agreement. The settlement agreement will contain the terms on which the compromise has been reached, and will usually amount to an actionable contract between the parties and, where proceedings have been issued, the schedule to a Tomlin Order staying the proceedings save for the purpose of enforcing the terms of the compromise. The terms of the settlement agreement will usually include various standard

As set out in Practice Note: SEIS—conditions for relief: issued shares, the funds raised and arrangements in general, the shares issued to the individual investor seeking seed enterprise investment scheme (SEIS) relief must be 'ordinary shares'. This is defined in section 257CA of the Income Tax Act 2007 (ITA 2007) as shares forming part of a company's 'ordinary share capital'. Ordinary share capital is itself defined in ITA 2007, s 989 as all issued share capital, by whatever name called, other than capital the holders of which have a right to a dividend at a fixed rate but no other right to share in profits. This is the same definition used for corporation tax purposes,

Fixed trial costs The provisions in relation to fixed costs for the trial costs in fast track cases came into force in April 2013. The CPR provisions, set out in CPR 45, provide that the costs of the advocate used in the proceedings may be fixed by the court. If they are fixed, they will cover not only the costs at trial but also the costs incurred by the advocate for the party in preparing for trial. Note: